Law: The Legal Battlefield Flashcards
Vocabulary Words
Administrative law
The body of laws, rules, orders, and regulations created by an administrative agency
Substantive law
Body of law that defines and prescribes the rights and obligations of each person in society
Civil law
All state and federal law pertaining to noncriminal activities, law that pertains to private rights and remedies
Preponderance of the evidence
Civil standard whereby the greater weight of the information is in favor of or against the defendant
Grievance, grievance procedure
Formalized arrangements whereby institutionalized individuals have the opportunity to register complaints about the conditions of their confinement
Procedural law
Rules that specify how the law should be implemented and applied against those who violate the law
Pre-conflict stage
Perception by individuals or groups that they are involved in a conflict situation where a legal resolution is sought
Common law
Laws determined by judges in accordance with their rulings
Claiming
The process in a dispute where a grievance is expressed and a cause of action is cited
Conflict stage
Either a pretrial or an alternative dispute resolution phase where a plaintiff and a defendant confront one another and an accusation is made
Sociological jurisprudence
View that hoods that a part of law should be devoted to making or shaping public policy and social rules
Critical legal studies
Movement recognizing that law is subjective rather than objective
Legal realism
Views that law and society are constantly evolving and that law should be the means to a social end or rather than an end in itself
Feminist legal studies
Views that women use a different type of logic than men when interpreting the law, favoring less litigation and more mediation
Beyond a reasonable doubt
Body of law that defines criminal offenses and prescribes punishments and that delineates criminal procedure