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chapter one

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
Stare decisis   “Let the decision stand.” A basic principle of the common law, it means that precedent is usually binding.  
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Administrative law   Concerns all agencies, boards, commissions, and other entities created by a federal or state legislature and charged with investigating, regulating, and adjudicating a particular industry or issue.  
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Affirm   A decision by an appellate court to uphold the judgment of a lower court.  
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Amendment   Any addition to a legal document. The constitutional amendments, the first ten of which are known collectively as the Bill of Rights, secure numerous liberties and protections directly for the people.  
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Chancery, court of   In medieval England, the court originally operated by the Chancellor.  
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Civil law   The large body of law concerning the rights and duties between parties. It is distinguished from criminal law, which concerns behavior outlawed by a government.  
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Common law   Judge-made law, that is, the body of all decisions made by appellate courts over the years.  
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Constitution   The supreme law of a political entity. The United States Constitution is the highest law in the country.  
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Criminal law   Rules that permit a government to punish certain behavior by fine or imprisonment.  
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Defendant   The person being sued.  
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Equity   The broad powers of a court to fashion a remedy where justice demands it and no common law remedy exists. An injunction is an example of an equitable remedy.  
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Executive order   An order by a president or governor, having the full force of law.  
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Federalism   A form of national government in which power is shared between one central authority and numerous local authorities.  
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Founding Fathers   The authors of the United States Constitution, who participated in the Constitutional Convention in Philadelphia in  
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Injunction   A court order that a person either do or stop doing something.  
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Issue   All direct descendants such as children, grandchildren, and so on.  
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Jurisprudence   The study of the purposes and philosophies of the law, as opposed to particular provisions of the law.  
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Legal positivism   The legal philosophy holding that law is what the sovereign says it is, regardless of its moral content.  
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Legal realism   The legal philosophy holding that what really influences law is who makes and enforces it, not what is put in writing.  
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Natural law   The theory that an unjust law is no law at all, and that a rule is only legitimate if based on an immutable morality.  
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Plaintiff   The person who is suing.  
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Precedent   An earlier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case.  
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Procedural law   The rules establishing how the legal system itself is to operate in a particular kind of case.  
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Remand   The power of an appellate court to return a case to a lower court for additional action.  
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Statute   A law passed by a legislative body, such as Congress.  
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Substantive law   Rules that establish the rights of parties. For example, the prohibition against slander is substantive law, as opposed to procedural law.  
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Writ   An order from a government compelling someone to do a particular thing.  
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Created by: jmaris289
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