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Law
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rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong"
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Functions of law
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to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change
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law and morals
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are different but overlapping: law provides sanctions while morals do not
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law and justice
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are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good
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Substantive law
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laws creating rights and duties
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procedural law
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rules for enforcing substantive law
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public law
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law dealing with the relationship between government and individuals
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private law
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law governing the relationships among individuals and legal entities
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civil law
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law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity
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criminal law
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law establishing duties which, if violated, constitute a wrong against the entire community
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common law
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body of law developed by the courts that serves as precedent for determination of later controversies
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equity
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body of law based upon principles distinct from common law and providing remedies not available at law
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treaties
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agreements between or among independent nations
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executive orders
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laws issued by the President or by the governor of a state
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legislative law
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statutes adopted by legislative bodies
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administrative law
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law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies
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district court
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trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system
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courts appeal
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hear appeals from the district courts and review orders of certain administrative agencies
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reverse
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set aside the lower court's judgment
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modify
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change the lower courts judgement
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remand
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send the case back to the lower court
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affirm
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uphold the lower courts judgement
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the supreme court
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the nation's highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest State courts
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appeal by right
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mandatory review by a higher court
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Constitution Law
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fundamental law of government establishing powers and limitations
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stare decisis
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principle that courts should apply rules decided in prior cases in deciding substantially similar cases
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decree
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decision of a court of equity
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injuction
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decree ordering a party to do or refrain from doing a specified act
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Exclusive Federal Jurisdiction
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only a federal court has authority to hear lawsuit
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concurrent jurisdiction
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Either a federal or state court can hear
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Exclusive State Jurisdiction
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Only state can hear
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All have to be filed in Federal court
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Copyright
bankruptcy
federal crimes
lawsuits against US
bankruptcy
federal crimes
lawsuits against US
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two types of concurrent jurisdiction
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when a lawsuit is unconstitutional
diversity of citizenship exists and above 75000
diversity of citizenship exists and above 75000
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citizen ship of entity
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Where they file their certificate of formation
piece of paper that the file with the state secretary
and where principle place of business is
piece of paper that the file with the state secretary
and where principle place of business is
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Why remove from federal court
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1. court schedule
2. federal vs. state evidence procedures
3. bias judges
2. federal vs. state evidence procedures
3. bias judges
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tort
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a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
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resident
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where it filed certificate of formation
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long arm statute
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Each state has a Long Arm Statute which allows that state to obtain In Personam Jurisdiction over non-residents allowing those non-residents to be sued in that state.
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In Personam Jurisdiction
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jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property
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In Rem jurisdiction
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jurisdiction over property
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restatements
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a series of treatises that articulate the principles or rules for a specific area of law
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constitution
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a fundamental law of a government establishing it powers and limitations
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appellate court
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reviews decisions of lower courts to determine if a significant error of law was made during trial
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eminent domain
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Power of a government to take private property for public use upon payment of fair compensation
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Supremacy Clause
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federal law takes precedence over conflicting state laws
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federal preemption
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first right of the federal government to regulate matters within its powers to the possible exclusion of state regulation
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judicial review
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the power of the courts to determine the constitutionality of any legislative or executive act
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state action
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actions by governments as opposed to actions taken by private individuals
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commerce clause
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gives power to
- regulate commerce with other countries
- regulate commerce among states
regulate the economy and businesses involved in interstate commerce
- restricts states regulation interstate commerce
- regulate commerce with other countries
- regulate commerce among states
regulate the economy and businesses involved in interstate commerce
- restricts states regulation interstate commerce
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substantive due process
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determination of whether a particular government action is compatible with individual liberties
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Procedural Due Process
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requires the government decision-making process to be fair and impartial if it deprives a person of life, liberty, or property
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equal protection
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requires that similarly situated persons be treated similarly by governmental actions
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Rational Relationship Test
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standard of equal-protection review applicable to cases not subject to either the strict scrutiny test or the intermediate test, such as economic regulation
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strict scrutiny test
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exacting standard of equal-protection review applicable to regulation affecting a fundamental right or involving a suspect classification
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intermediate test
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standard of equal-protection review applicable to regulation based on gender and legitimacy
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when can state regulate interstate commerce
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In areas that federal government approve
AND
if it dies not interfere with federal regulation
AND
if it dies not interfere with federal regulation
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Rulemaking
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process by which an administrative agency promulgates rules of law
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legislative rules
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substantive rules issued by an administrative agency under the authority delegated to it by the legislature
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interpretative rules
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statements issued by an administrative agency indicating how it construes the statutes and rules that it administers. Explains legislative
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procedural rules
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rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct for practice before it
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adjudication
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formal methods by which an agency resolves disputes
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enabling statute
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a statute that creates an administrative agency and typically also authorizes it to perform specified actions
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three powers of an agency
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1. rulemaking
2. investigation and enforcement
3. Adjudication of controversies
2. investigation and enforcement
3. Adjudication of controversies
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