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Legal Studies > LGS Exam 1 > Flashcards

LGS Exam 1 Flashcards

1
Q

system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason

A

Natural Law

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2
Q

national law, the written law of a given society at a particular point in time. Applies only to the citizens of that nation or society

A

Positive Law

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3
Q

School emphasizing the evolutionary process of law by concentrating on the origin and history of the legal system

A

Historical School

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4
Q

Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs

A

Legal Realism

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5
Q

School that views law as a tool for promoting justice in society. Strongly influenced by legal realism

A

Sociological School

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6
Q

Know the 4 primary sources of law

A
  1. US Constitution and state constitutions
  2. statutory law
  3. Regulations created by administrative agencies
  4. Case law and common law doctrines
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7
Q

Secondary Sources

A

books and articles that summarize and clarify the primary sources of law

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8
Q

statutes passed by municipal or county governing units to govern matters not covered by federal or state law

A

ordinances

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9
Q

Any law that is passed must pass muster with the ___________ or it will be voided.

A

Constitution

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10
Q

Fancy word for a law, passed by congress or legislature in each state. Passed when a law is passed.

A

Statute

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11
Q

Statures are codified in to book form called the:

A

US Code, or AL Code

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12
Q

laws based on particular federal agencies that have their own set of rules and regulations

A

Administrative law

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13
Q

Veterans Agency, SSA, and EPA are examples of what type of law?

A

Administrative

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14
Q

Is there such a things as an administrative law judge?

A

YES

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15
Q

Can be dated back to 1066 when William the Conqueror used the court system to unify the nation through a set of laws. Appointed the King’s Court

A

Case law/common law

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16
Q

in 1066, cases were recorded and said what happened, the ruling, and why the ruling was made as such in…

A

year books

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17
Q

A system where a similar case would be ruled the same as it was previously

A

System of Precedent

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18
Q

latin term for “stand on decided cases.” Refers to the system of precedent

A

Stare Decisis

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19
Q

We adopted the common law of _________.

A

England

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20
Q

only _________ __________ are recorded in the National Reporter System

A

Appellate Cases

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21
Q

What are the 4 steps to briefing a case?

A
  1. Give basic facts
  2. What is the issue
  3. decision regarding issue
  4. reasoning of decision
22
Q

What is the purpose of compensatory damages?

A

to make recipients whole again

23
Q

what is the purpose of punitive damages?

A

punish and deter

24
Q

What is the authority of a court to hear a case?

A

jurisdiction

25
Q

What latin term means the court’s jurisdiction over a person?

A

in personum. (personal jurisdiction)

26
Q

true or false: any court can hear any case

A

FALSE. Courts are limited in the types of cases they can hear. Appeals courts only hear appellate cases

27
Q

what gives a state jurisdiction over a person even if they don’t live in that state?

A

sufficient minimum contact

28
Q

How is in personum (personal jurisdiction) determined?

A

over geographic boundaries. Based on where you reside, those courts have jurisdiction over you.

29
Q

Latin term for jurisdiction over the person or over the thing at regards to location.

A

In rem

30
Q

true or false: you cannot file a lawsuit to the AL supreme court

A

TRUE

31
Q

A case involving more than $75000 will go to

A

federal court

32
Q

Can federal court hear state law cases?

A

YES. I.e. suing over an accident in florida with people from two other different states with damages exceeding $75000`

33
Q

Subject matter jurisdiction

A

courts have limited subject matter jurisdiction…every court cannot hear every case.

34
Q

The proper or most convenient location for the trial in a civil case

A

Venue

35
Q

Where our constitution was formed; written in that the states delegate powers to the US government

A

Constitutional Convention

36
Q

Clause stating that a state must have a substantial reason for treating out of state or foreign citizens differently than their own state citizens

A

Privileges and immunities clause

37
Q

Clause stating that states must give the acknowledge and accept civil matters like deeds, contracts, wills, etc. that were drafted in other states. Allows mobility amongst our citizens.

A

Full faith and credit clause

38
Q

Clause that gives power to congress to regulate interstate commerce. “Gives congress the power to regulate power with foreign nations and among the several states with indian tribes.”

A

Commerce Clause

39
Q

A case that gave congress the power to regulate intrastate commerce

A

Gibbons v. Ogden

40
Q

Clause that allows congress and the courts to strike down and/or regulate anything that “places an undue burden or substantially affects interstate commerce”

A

Commerce clause

41
Q

Clause that states that the laws, treaties, and the constitution of the US are the supreme laws of the land. Breaks ties.

A

Supremacy Clause

42
Q

All but which of the 10 amendments apply to businesses as well?

A

4th amendment

43
Q

First amendment:

A

Freedom of speech, press, religion, assembly, petition the government

44
Q

5th amendment:

A

Due process: the government shall not deprive a person of life, liberty, or property without due process of law

45
Q

two types of due process:

A

procedural and substantive

46
Q

Type of due process dealing with challenging the substance or content of a statute:

A

Substantive

47
Q

Type of due process dealing with procedures that are in place to protect rights to a trial, guilt/not guilty, rights to appeal, right to confront your accusers

A

Procedural

48
Q

14th amendment:

A

equal protection

49
Q

If a law is passed and seems to affect a certain group more than another in a negative way, that will be challenged under the __________

A

Equal protection amendment (14th)

50
Q

Alternatives for having to go to trial, because most people want to avoid trial.

A

Alternative Dispute Resolution (ADR)

Legal Studies (2 decks)

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