Law: The Legal Battlefield Flashcards

Vocabulary Words

1
Q

Administrative law

A

The body of laws, rules, orders, and regulations created by an administrative agency

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2
Q

Substantive law

A

Body of law that defines and prescribes the rights and obligations of each person in society

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3
Q

Civil law

A

All state and federal law pertaining to noncriminal activities, law that pertains to private rights and remedies

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4
Q

Preponderance of the evidence

A

Civil standard whereby the greater weight of the information is in favor of or against the defendant

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5
Q

Grievance, grievance procedure

A

Formalized arrangements whereby institutionalized individuals have the opportunity to register complaints about the conditions of their confinement

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6
Q

Procedural law

A

Rules that specify how the law should be implemented and applied against those who violate the law

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7
Q

Pre-conflict stage

A

Perception by individuals or groups that they are involved in a conflict situation where a legal resolution is sought

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8
Q

Common law

A

Laws determined by judges in accordance with their rulings

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9
Q

Claiming

A

The process in a dispute where a grievance is expressed and a cause of action is cited

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10
Q

Conflict stage

A

Either a pretrial or an alternative dispute resolution phase where a plaintiff and a defendant confront one another and an accusation is made

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11
Q

Sociological jurisprudence

A

View that hoods that a part of law should be devoted to making or shaping public policy and social rules

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12
Q

Critical legal studies

A

Movement recognizing that law is subjective rather than objective

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13
Q

Legal realism

A

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

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14
Q

Feminist legal studies

A

Views that women use a different type of logic than men when interpreting the law, favoring less litigation and more mediation

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15
Q

Beyond a reasonable doubt

A

Body of law that defines criminal offenses and prescribes punishments and that delineates criminal procedure

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16
Q

Law

A

The body of rules of specific conduct prescribed by existing legitimate authority in a particular jurisdiction and at a particular point in time

17
Q

Blaming

A

A step in the dispute process whereby the victim singles out someone as potential target for legal action

18
Q

Naming

A

Identifying a party in a legal action

19
Q

Judicial activism

A

Judges’ use of their power to accomplish social goals

20
Q

Social change

A

Process whereby ideas and/or practices are modified either actively or passively or naturally

21
Q

Disputants

A

Opposing sides in a civil action or case

22
Q

Dispute resolution

A

A civil action intended resolve conflicts between two parties

23
Q

Social control

A

Informal and formal methods of getting members of society to conform to existing norms

24
Q

Dispute stage

A

Public revelation of a dispute by filing of a legal action

25
Q

Criminal law

A

Body of law that defines criminal defenses and prescribes punishments and that delineates criminal procedure