Legal Studies 1-3 Flashcards
Ignorance of law?
Nope. Each educated individual has no excuse for having a basic understanding of our legal system
Difficulties in constructing new laws? Regarding language used
Vague language in laws to tie into possible cases of violation so people can’t slip past the law
Legal Analysis?
Process of applying law to specific facts. Violations to law transition
Cause of action?
Claim that is beneficial to support a lawsuit, based on the law and facts
Dissent?
Disagrees with majority decision
Remand?
Higher court sends it back to original court for new trial
Concurrent?
Agrees with result, disagrees with reasoning.
Affirm?
Higher court agrees with lower court
Reversing opinions?
Higher court disagrees with lower court
Common Law?
Laws developed by judges through past decisions of the court system
Statutory?
Written laws developed by the legislative process
Substantive facts
Things that happened to the two parties before event occurred
Procedural Facts
Judicial history..actions taken before case comes to trial
Definition of Law
Rules of conducted promoted and enforced by the Government
3 Branches of government
Executive
Legislative
Judicial
Statutes
Law enacted by state legislature
Ordinances
Law enacted by local government
Regulations
Enacted by admin agency
Constitutional Law
Laws stated in constitution
Civil Law
Deals with harm against an individual (Broken Contract)
Criminal Law
Harm against society as a whole
Substantive Laws
Defines our legal rights and duties (Freedom of Speech)
Procedural Law
Rules that govern how the legal system operates
Federalism
Division of power between national government and the states
