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44 Cards in this Set
- Front
- Back
Administrative Agency
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governmental body who administer/ implement laws. have legislative, executive, and judicial powers
Ex- FBI, EPA, DEA |
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Affirm
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when a decision is set, the appellate court determines that the lower court made the right decision.
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Appellent
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people who appeal the lower court’s decision
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Appellee
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party against whom the appeal is filed for
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Caption
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that part of a case that identifies/introduces the names of the parties involved in the lawsuit
(Klein vs. Raysinger) |
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Common Law Marriage
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a marriage in which the parties have the capacity to marry, agree to be married, and hold themselves to the world as being married. no longer recognized in PA
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Concurring Opinion
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an opinion written by a judge who agrees with the outcome of the case but wants to note a difference in logic for reaching the decision
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Defendent
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who is being sued
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Dissenting Opinion
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a judge writes a dissent when he or she disagrees with the result reached by the majority; the dissent has no value as precedent
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Domestic Partnership
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Unwed couple; gay or straight; can acquire legal rights and protections by contract to the other’s assets
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Family Law
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those rights, duties, involving marriage, the family, a civil union, domestic partnership, divorce and other family related issues
-falls under private law |
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Intangible Property
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property that is not a physical object; a patent or trademark
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Personal Property
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property that isn’t land; can be tangible (car, book, clothes) or intangible (bank accounts, stocks, bonds, patents, copyrights)
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Plaintiff
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the party who initiates the case- files complaint
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Precedent
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(stare decisis)- judges apply rules/decisions to the current case at hand by comparing it to past cases
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Private Law
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involves matters between the individuals the incident was about;
- through forms of contract, tort, marriage, and property law |
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Property Law
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deals with the rights/duties that come from ownership/possession of real or personal property. defines and enforces the rights and rules that come with owning property
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Public Law
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involves rights of a society as a whole; interests are handled by a government agency;
- can be criminal, constitutional, or administrative law Ex: "crime of murder" |
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Real Property
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land and everything attached to the land
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Remanded
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appellate court “sends back” a case to the trial court when they find that the trial judge made an error
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Appeal
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taken back- relooked at because appellent thought it was wrong
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Reverse
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appellate court reverses the decision when it finds that the lower court’s decision was wrong
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Tangible Property
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physical, touchable, cars, shoes
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Tort Law
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a private civil wrong against an individual where the court will award money damages
-negligence, intentional torts, products liability |
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Treaties
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an agreement between two or more parties
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Statutory Law |
designed to address problems in our society and make rules that people are concerned about. can be federal, state or municipal |
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Common Law |
Article 3 of the Constitution- judges make the law based on customs and traditions of the people. allows judges to interpret the laws and judge what conduct is proper and valued |
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Opinions |
written explanations of the decision so the public understand the court's reasoning for why they decided on what they decided |
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Citation |
tells the reader how to locate the case (470 A.2d 507) |
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Majority Opinion |
decision reached by more than half of the judges |
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Status and process |
makes judicial decisions easier to understand; possible to predict outcome of the case without knowing the law. |
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Freedom of Information Act |
provides that anyone has a right, enforceable in court, to gain access to federal agency records, except if they are specifically told/enforced that its illegal. |
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Criminal Law |
violates the rights of society, not the individual victim of the crime. "on behalf of society" goes against criminal |
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Administrative Law |
focus on specialized areas of law- staffed with experts in the field. (FBI, EPA, DEA) |
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Contract Law |
deals with the exchanges of promises made by the parties- (buying gas, taking public trans, getting lunch) |
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Cyberlaw |
deals with tasks/transactions handled over the Internet/ other digital networks. New, law hasn't had time to adapt this changing world- hard to apply certain principles |
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Corporate Governance |
Concerns the relationship between shareholders, stakeholders, Officers, and Board of Directors. - manage business fairly, adhere to laws, be ethical with transactions, make decisions correctly |
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Primary Source |
written law itself; cases, laws, legal decisions; fall into 2 categories (binding and persuasive) |
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Binding Authority |
In-state violation- performed in-state under law |
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Persuasive Authority |
Out-of-state |
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Secondary Sources |
consists of all other writings on the law; -could be law review articles, treaties, restatements, |
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Case Law |
refers to the written decisions issued by judges; cases are collected in large volumes of books (reporters) (westlaw and lexis) |
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Statutory Law |
regards to statutes/laws- |
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Statute |
law passed by legislation |