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Contract Law > Introduction to Law > Flashcards

Introduction to Law Flashcards

1
Q

Criminal Law

A

Prosecuted by a governmental body involving a matter of consern to society as a whole

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2
Q

Civil Law

A

Pursued by an individual or group of people, a business, or a governmental body acting in a private capacity; result may be damages or court

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3
Q

Municipal Law

A

Local law (as opposed to federal or state law)

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4
Q

Constitution

A

One of five sources of lega authority

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5
Q

Legislation

A

Supreme source of legal authority; also called code or statute; enacted by an elected body (e.g., Congress)

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6
Q

Code

A

Legislation; also called statute

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7
Q

Statute

A

Legislation: also called code

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8
Q

Judicial Decisions

A

Source of legal authority; also called common law or precedent

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9
Q

Common Law

A

Judicial decisions; also called precedent

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10
Q

Case Law

A

Judicial decisions

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11
Q

Precedent

A

Judicial decisions; also called common law; past decisions used to jusify current decisions

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12
Q

Administrative Agency

A

Source of legal authority; administers a particular law or program

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13
Q

Regulations

A

Established by administrative agencies

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14
Q

Executive Actions

A

Source of legal authority; including orders signed by the President or governor

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15
Q

Cite

A

Verb form of citiation (i.e., to cite)

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16
Q

Interoffice Memo

A

Also called objective memo, analyzes fact situation with citations to sources of law

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17
Q

Objective Memo

A

Also called interoffice memo, analyzes fact situation with citations to legal authority

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18
Q

Adversarial

A

Argues a position

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19
Q

Primary Authority

A

One of the five sources of law

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20
Q

Secondary Authority

A

Materal such as textbooks and articles that help locate (finding tools) and understand primary law; form books, handbooks, encyclopedias, digests, etc,; not actual law

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21
Q

Statutory Interpretation

A

Interpretation of statute’s terms; also called statutory construction

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22
Q

CALR

A

Computer-assisted legal research system

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23
Q

Loislaw

A

CALR subscription bundled with this book

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24
Q

Search Query

A

Terms and connectors or natural language used in CALR search

25
Q

Connector

A

Symbol describing relationship between CALR search terms

26
Q

Root Expander

A

Symbol used to pick up work variations in a CALR searc

27
Q

Wildcard

A

Symbol used to pick up work variations in a CALR search

28
Q

Variants

A

Different forms of a root work

29
Q

Topic

A

Generally, statutes are organized by topic, breaking the code into titles, acts, chapters, or sections

30
Q

Titles

31
Q

Codify

A

To enter a statute into a tropical system

32
Q

Annotated Statute

A

Statute with references to articles, cases, and other materials that explain and interpret the law

33
Q

Trial Court

A

Court in which most cases start, generally concerned with deciding issues of fact

34
Q

Issues of Fact

A

Trial courts use testimoney and evidence to decide facts (i.e., what happend)

35
Q

Legal Issues

A

Determining appropriate consequences of the facts or whether a trial court handled a case properly

36
Q

Affirm

A

Appellate or highter court’s decision to support or uphold the decision of the lower court

37
Q

Reverse

A

Appellate or highter court’s decision to invalidate the decision of the lower court

38
Q

Remand

A

Appellate or highter court’s decision to send the case back to the lower court

39
Q

Modify

A

Appellate or highter court’s decision to change the decision of the lower court

40
Q

Dissenting Opinion

A

Opinion written by a judge who disagrees with the majority; not law but provides interesting facts and opinions about case

41
Q

Majority Decision

A

That which governs the outcome of cases; also called decision of the court

42
Q

Decision of the Court

A

Majority decision, governs outcome of the case

43
Q

Concurring Opinion

A

Written by a judge who agrees with majority decision but for different reasons

44
Q

Synopsis

A

Summary of case, often provided in publishers’ enhancements

45
Q

Headnotes

A

Summaries of individual points made in the case

46
Q

Procedural History

A

The history of the court decisions that have moved the case to its current position

47
Q

Timeline

A

A schedule of the times at which certain events took place

48
Q

Appellant

A

Party bringing an appeal; lost in the lower court

49
Q

Appelle

A

The party that won in the lower court

50
Q

Err

A

To make an error

51
Q

Liable

A

Found responsible

52
Q

Case at Hand

A

The case under consideration

53
Q

Analogize

A

To compare casesand find them to be different

54
Q

Distinguish

A

To compare cases and find them similar

55
Q

Jump Cite

A

The exact page number on which a fact or quote appears in a case

56
Q

Brief

A

Short case summary

57
Q

Citation

A

Address at which authority is found in law books or online

58
Q

Holding

A

Answer to the legal issue in a judicial decision

59
Q

Reasoning

A

Summary of the court’s explanation of its decision

Contract Law (14 decks)

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