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20 Cards in this Set
- Front
- Back
Private Law
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Involves disputes between private indivs or groups
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public law
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involves disputes between private indivs or groups and the government
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civil law
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involves rights and responsibilities involved in relationships between persons and persons and the government. also involves rights violations
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criminal law
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involves incidents in which someone commits an act against the public as a unit.`
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statutory law
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the assortment of rules and regs put forth by legislators
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uniform laws
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serve as a basis for some statutory law at a state level
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Uniform Commercial Code
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body of law that is very significant for business activities
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case law
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collection of legal interpretations made by judges. also called common law
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precedent
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use of past decisions to guide future decisions
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stare decisis
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standing by the decision
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Restatement of the Law
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summaries of common law rules in a particular area of law. these are enacted in most states
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administrative law
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collection of rules and decisions by administrative agencies (OSHA, etc).
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treaties
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binding agreement between two states or international orgs. may be called many things.
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Schools of jurisprudence
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common guides to legal interpretation
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natural law
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the idea that there are certain ethical laws that are morally right and 'above' the laws. that humans make. Humans may disobey human laws to follow these natural laws
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Legal positivism
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urges us to design a legal system on the basis of the belief that authority deserves obedience when it issues a rule
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identification with the vulnerable
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tied closely to the pursuit of fairness. protect those who cannot protect themselves
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historical school: tradition
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follow what others who faced similar problems before us did.
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Legal realism
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based on the idea that judges need to consider more than just law
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cost-benefit analysis
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choosing the legal decision that maximizes the ratio of benefits to costs.
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