Stack #33292
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| statutes | laws
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| constitution | set of principals to govern a nation
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| sources of law | statutes,constitution,administrative regulations, and judicial decisions
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| procedural law | the steps through a trial
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| substantive law | defines specific offenses
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| examples of substantive law | felonies, misdemeanors
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| 2 categories of criminal law | substantive, procedural
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| quasi-legal requirements | ethical standards
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| example of quasi-legal requirements | policy and procedures, medical staff by-laws
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| House of Reps | based on pop. of state, 2 yr. term
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| senate | 2 from each state, 6 yr term
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| subpoena duces tecum | formal request to produce a record
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| highest appellate court in US | US Supreme Court
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| Legislative branch | create laws
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| Execute branch | enforces and administers the law
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| res judicata | the matter is decided; cannot be re-tried
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| stare decisis | following precedent
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| common law aka? | case or judicial law
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| what is common law? | law found in the decision of the courts
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| CSR | Code of State Regulations
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| CFR | Code of Federal Regulations
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| Example of Administrative Agencies? | FDA, IRS, NLRB, CMS
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| Main elements of contract law | betw. at least 2 people; parties must agree
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| breach of contract | failure to meet the obligation betw . 2 parties
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| Mordecai v. BC/BS of Alabama | Breach of contract
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| Prevost v. Coffee County Hospital Authority | Breach of contract
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| private law | regulates conflicts betw. private parties
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| 2 areas of public law? | criminal, constitutional
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| criminal law | regulates conduct injurious to public order
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| 3 types of private law? | contract, tort, intellectual property
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| public law | regulates conflicts betw. private parties and gov't. or betw. agencies of the gov't
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| what is a tort? | a wrong resulting in an injury to a person or property of another
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| intellectual property? | deals w/ patents and copyrights
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| John Roe v. Jane Doe | tort law
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| examples of a tort? | medical malpractice, invasion of privacy
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| respondeat superior | let the master respond
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| what authority does an appellate court have? | authority to review the judgement of a lower court
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| What does an appellate court do? | determines if the proper law was followed; affirms, modifies, or reduces verdict
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| trial court | initially hears a case and passes judgement
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| state courts aka? | state supreme court, supreme judicial court, court of appeals
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| what kind of jurisdiction do trial courts have? | general
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| what functions does the judge have in trial court? | decide the question of law, renders a judgement
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| what functions does the jury have in trial court? | decides questions of fact, renders a verdict
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| which court has both original and appellate jurisdiction? | US supreme court
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| personal jurisdiction? | authority over the parties involved
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| subject matter jurisdiction? | authority over the question at issue
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| what are trial courts called in the federal system? | district courts
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| what court may later review the judgement of a case? | appellate
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| statutory law | laws enacted by a legislature
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| types of cases that go before a federal court? | postal and banking laws, bankruptcy proceedings
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| NLRB? | National Labor Relations Board
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| what determines who has jurisdiction? | where it took place, where the parties live
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| define jurisdiction | the right of a court ot adjudicate a particular case
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| judicial branch | interprets and applies the law
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Created by:
mjb
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