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| ________- renders a legally-binding decision |
Arbitrator |
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scooter_arablvr Tue, 10 Feb 2009 05:14:17 GMT |
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| _________- talks face-to-face with parties to determine "common ground" |
Mediator |
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scooter_arablvr Tue, 10 Feb 2009 05:14:17 GMT |
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| ______ is informal discussion of the parties, sometimes without attourneys, where differences are aired with the goal of coming to a "meeting of the minds" in resolving the case. |
Negotiation |
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scooter_arablvr Tue, 10 Feb 2009 05:09:09 GMT |
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| Refers to the process in which the attourneys quistion prospective jurors |
Voir Dire |
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scooter_arablvr Tue, 10 Feb 2009 05:09:09 GMT |
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| A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attourney, and then signed under oath. |
Interrogatories |
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scooter_arablvr Tue, 10 Feb 2009 05:09:09 GMT |
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| The testimony of a party to a lawsuit or a witness taken under oath before a trial. |
deposition |
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scooter_arablvr Tue, 10 Feb 2009 03:04:07 GMT |
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| A phase in the litigation process during which the opposing parties may obtain information from each other nd from third parties prior to trial. |
discovery |
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scooter_arablvr Tue, 10 Feb 2009 03:04:07 GMT |
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| A motion requesting the court to enter a judgement without proceeding to trial The motion can be based on evidence outside the pleading snad will be granted only if no facts are in dispute. |
motion for summary judgement |
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scooter_arablvr Tue, 10 Feb 2009 02:58:22 GMT |
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| A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely onthe pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute. |
motion for judgement on the pleadings |
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scooter_arablvr Tue, 10 Feb 2009 02:58:22 GMT |
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| Procedurally, a plaintiff's response ot a defendant's answer. |
reply |
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scooter_arablvr Tue, 10 Feb 2009 02:55:09 GMT |
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| A claim made by a defendent in a civil lawsuit against hte plaintiff. In effet, the defendent is suing the plaintiff. |
counterclaim |
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scooter_arablvr Tue, 10 Feb 2009 02:55:09 GMT |
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| A judgement entered by a court against a defendent who has failedd to appear in court to answer or defend against he plaintiff's claim. |
default judgement |
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scooter_arablvr Tue, 10 Feb 2009 02:53:35 GMT |
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| A document informing a defendent that a legal action has been commenced against him or her and that the defendent must appear in court on a certain date to answer the plaintiff's complaint. |
summons |
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scooter_arablvr Tue, 10 Feb 2009 02:53:35 GMT |
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| The pleading made by a plaintiff alleging wrongdoing on the part of the defendent, the document that, when filed with a court, initiates a lawsuit. |
complaint |
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scooter_arablvr Tue, 10 Feb 2009 02:53:35 GMT |
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| Statements made by the plaintiff and the defendent in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of it. |
pleadings |
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scooter_arablvr Tue, 10 Feb 2009 02:53:35 GMT |
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| The process of working a lawsuit through the court system. |
litigation |
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scooter_arablvr Tue, 10 Feb 2009 02:34:30 GMT |
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| A rule of the US Supreme court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ. |
rule of four |
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scooter_arablvr Tue, 10 Feb 2009 02:34:30 GMT |
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| An order issued from a higher court asking the lower court for the record of a case. |
writ of certiorari |
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scooter_arablvr Tue, 10 Feb 2009 02:34:30 GMT |
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| There are thirteen US courts of _______. |
appeals |
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scooter_arablvr Tue, 10 Feb 2009 02:25:58 GMT |
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| Federal cases typically originate in ____ courts. There are ninety-four. Original jurisdiction based on us constitution and federal statute. |
district |
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scooter_arablvr Tue, 10 Feb 2009 02:25:58 GMT |
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| What are the three federal court systems? |
us district courts, us courts of appeal, us supreme court |
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scooter_arablvr Tue, 10 Feb 2009 02:20:10 GMT |
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| The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury. |
standing to sue |
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scooter_arablvr Tue, 10 Feb 2009 01:38:39 GMT |
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| The geographic district in which a legal action is tried and from which the jury is selected. |
venue |
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scooter_arablvr Tue, 10 Feb 2009 01:38:39 GMT |
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| The list of cases entered on a court's calendar and thus sceduled to be heard by the court. |
docket |
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scooter_arablvr Tue, 10 Feb 2009 00:32:39 GMT |
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| Jurisdiction that exits when a case can be heard only in a particular court or type of court. |
exclusive jurisdiction |
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scooter_arablvr Tue, 10 Feb 2009 00:32:39 GMT |
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| Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in a federal or state court. Involving federal questions, diversity of citizenship cases. |
concurrent jurisdiction |
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scooter_arablvr Tue, 10 Feb 2009 00:32:39 GMT |
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| A question that pertains to the US constitution, acts of congress, or treaties. |
federal question *note*ppl who claim that their rights under the constitution have been violated can begin their suits in a federal or state court. |
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scooter_arablvr Tue, 10 Feb 2009 00:16:29 GMT |
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| Cases brought before _______ courts only on appeal from an order or a judgement of a trial court or other lower court. |
appellate |
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scooter_arablvr Tue, 10 Feb 2009 00:13:08 GMT |
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| Courts having _______ jurisdiction act as reviewing courts. |
appellate |
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scooter_arablvr Tue, 10 Feb 2009 00:13:08 GMT |
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| Courts having ______ jurisdiction are courts of the first instance, or trial courts-that is, courts in which lawsuits begin, trials take place, and evidence is presented. |
original |
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scooter_arablvr Tue, 10 Feb 2009 00:13:08 GMT |
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| This kind of jurisdiction is known as "in rem". Exercises jurisdiction that is located within its boundaries. |
jurisdiction over property |
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scooter_arablvr Tue, 10 Feb 2009 00:09:20 GMT |
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| A limitation on the types of cases a court can hear. |
jurisdiction over subject matter |
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scooter_arablvr Tue, 10 Feb 2009 00:09:20 GMT |
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| A state court of limited jurisdictin that conducts proceedings relating to the settlement of a deceased person's estate. |
probate court |
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scooter_arablvr Tue, 10 Feb 2009 00:09:20 GMT |
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| A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply. |
long arm statute |
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scooter_arablvr Mon, 09 Feb 2009 22:39:01 GMT |
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| The authority of a court to hear and decide a specific case. |
jurisdiction |
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scooter_arablvr Mon, 09 Feb 2009 22:29:20 GMT |
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| The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch. |
judicial review |
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scooter_arablvr Mon, 09 Feb 2009 22:29:20 GMT |
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| Under equal protection courts may apply what type of tests? |
minimum scrutiny-economic rights
intermediate scrutiny
strict scrutiny-fundamental rights |
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scooter_arablvr Mon, 09 Feb 2009 05:11:08 GMT |
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| Originally ________ only applied to the federal government. |
bill of rights |
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scooter_arablvr Mon, 09 Feb 2009 05:11:08 GMT |
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| Congress has the power to "lay and collect taxes, duties, imposts and exercises is listed where? |
article 1 section 8 |
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scooter_arablvr Mon, 09 Feb 2009 05:11:08 GMT |
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| The greatest impact on business than any other constitutional provision. |
the commerce clause |
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scooter_arablvr Mon, 09 Feb 2009 05:06:34 GMT |
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| The federal constitution was a political compromise between advocates of state sovereignty and central governement. |
federal form of government |
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scooter_arablvr Mon, 09 Feb 2009 05:06:34 GMT |
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| What are the classifications of law? |
substantive vs. procedural
civil and criminal
national and international |
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scooter_arablvr Mon, 09 Feb 2009 05:06:34 GMT |
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| A higher court's decision based on certain facts and law, is a _________ on lower courts. |
binding authority |
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scooter_arablvr Mon, 09 Feb 2009 05:06:34 GMT |
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| The minimal degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law. |
Moral Minimum. |
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scooter_arablvr Mon, 09 Feb 2009 04:51:25 GMT |
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| What are remendies in Equity? |
Remedies that are granted when remedies at Law are unavailable or inadequate. Includes specific performance, injunction, and contract cancellation. |
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scooter_arablvr Mon, 09 Feb 2009 04:51:25 GMT |
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| What are remedies at Law? |
Money or something else of value. |
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scooter_arablvr Mon, 09 Feb 2009 04:51:25 GMT |
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| Due Process is in what amendment? |
5th and 14th Amendments |
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scooter_arablvr Mon, 09 Feb 2009 04:41:11 GMT |
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| The provision in the first amendment to the US Constition that prohibits the government from interfering with people's religious practices or forms of worship. |
Free Exercise Clause. |
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scooter_arablvr Mon, 09 Feb 2009 04:41:11 GMT |
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| The provision in the first amendment to the US Constitution that prohibits the government from establishing any state sponsored religion or in acting any law that promotes religion or favors one religion over another. |
Establishment Clause. |
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scooter_arablvr Mon, 09 Feb 2009 04:41:11 GMT |
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| A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. |
Preemption. |
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scooter_arablvr Mon, 09 Feb 2009 04:22:49 GMT |
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| The provision in Article 6 of the Constitution that provides that the Constituion, Laws, and treatees of the United States are "The Supreme Law of the Land." Under this, State snd local laws that directly conflict w/ federal law will be rendered invalid. |
Supremacy Clause. |
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scooter_arablvr Mon, 09 Feb 2009 04:22:49 GMT |
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| Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare. |
Police powers. |
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scooter_arablvr Mon, 09 Feb 2009 04:22:49 GMT |
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| The provision in Article 1 section 8, of the us constitution that gives congress the power to regulate interstate business. |
commerce clause |
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scooter_arablvr Mon, 09 Feb 2009 04:05:05 GMT |
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| Law that defines and governs actions that constitute crimes. Generall, criminal law has to do with wrongful actions committed against society for which society demands redress. |
criminal law |
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scooter_arablvr Mon, 09 Feb 2009 03:49:38 GMT |
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| The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. |
civil law |
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scooter_arablvr Mon, 09 Feb 2009 03:49:38 GMT |
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| An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet. |
cyberlaw |
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scooter_arablvr Mon, 09 Feb 2009 03:49:38 GMT |
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| Law that establishes the methods of enforcing the rights established by substantive law. |
procedural law |
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scooter_arablvr Mon, 09 Feb 2009 03:21:22 GMT |
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| Law that defines, describes, regulates, and creates legal rights and obligations. |
substantive law |
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scooter_arablvr Mon, 09 Feb 2009 03:21:22 GMT |
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| One against whom a lawsuit is brought; the accused person in a criminal proceeding. |
defendent |
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scooter_arablvr Mon, 09 Feb 2009 03:06:17 GMT |
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| One who initiates lawsuit. |
plaintiff |
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scooter_arablvr Mon, 09 Feb 2009 03:06:17 GMT |
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| A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. |
stare decisis |
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scooter_arablvr Mon, 09 Feb 2009 02:59:32 GMT |
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| A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. |
precedent |
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scooter_arablvr Mon, 09 Feb 2009 02:59:32 GMT |
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| The doctrines and principles announced in cases – governs all areas not covered by statutory law or administrative law and is part of our common law tradition. |
Case Law |
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scooter_arablvr Mon, 09 Feb 2009 02:56:44 GMT |
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| ________ involves notifying the public of a proposed rule or change and receiving and considering the public’s comments. |
Rulemaking |
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scooter_arablvr Mon, 09 Feb 2009 02:56:44 GMT |
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| Judicial branch does what? Executive does what? Legislative does what? |
interprets law, investigate/enforce, rulemaking |
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scooter_arablvr Mon, 09 Feb 2009 02:56:44 GMT |
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| _______ is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency. |
Adjudicate |
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scooter_arablvr Mon, 09 Feb 2009 02:56:44 GMT |
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| The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilites. |
administrative law |
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scooter_arablvr Mon, 09 Feb 2009 01:38:02 GMT |
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| If the state adopts the law, it becomes statutory law in that state. Each state has the optio of adopting or rejecting all or part of it. |
uniform law |
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scooter_arablvr Mon, 09 Feb 2009 01:33:33 GMT |
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| A state statute applies to ______. |
only within the state's borders. |
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scooter_arablvr Mon, 09 Feb 2009 01:30:06 GMT |
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| A federal statute applies to _______. |
all states |
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scooter_arablvr Mon, 09 Feb 2009 01:30:06 GMT |
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| A regulation enacted by a city or county legislative body that becomes part of that state's statutory law. |
ordinance |
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scooter_arablvr Mon, 09 Feb 2009 01:28:29 GMT |
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| The body of law enacted by legislative bodies. |
statutory law |
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scooter_arablvr Mon, 09 Feb 2009 01:28:29 GMT |
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| ______ amendment to the US constitution reserves to the states all powers not granted to the federal governement. |
tenth |
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scooter_arablvr Mon, 09 Feb 2009 01:28:29 GMT |
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| A ______ is supreme within the state's borders |
state constitution |
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scooter_arablvr Mon, 09 Feb 2009 01:28:29 GMT |
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| A publication that summarizes or interprets that law such as a legal encyclopedia, a legal treatise, or an article in a law review. |
secondary source of law |
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scooter_arablvr Mon, 09 Feb 2009 01:21:11 GMT |
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| A document that establishes the law on a particular issue, such as a constitution, a statute, and administrative rule, or a court decision. |
primary source of law |
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scooter_arablvr Mon, 09 Feb 2009 01:21:11 GMT |
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| The science or philosophy of law. |
Jurisprudence |
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scooter_arablvr Mon, 09 Feb 2009 01:21:11 GMT |
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