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Cards In This Set
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The courts; one of the
three branches of the federal government in the United States.
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Judiciary
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The body of law developed from judicial decisions in English and U.S.
courts, not attributed to a legislature.
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Common law
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A court decision that furnishes an example or authority for
deciding subsequent cases involving identical or similar facts and legal
issues.
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Precedent
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A common law doctrine under which judges normally are
obligated to follow the precedents established by prior court decisions.
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Stare decisis
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A source of law that establishes the law. Include constitutions, statues,
administrative agency rule and regulations, and decisions rendered by the
courts.
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Primary source of law
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Law based on the U.S. Constitution and the constitutions of the various
states.
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Constitutional law
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The body of law enacted by legislatures (as opposed to constitutional
law) administrative law, or case law.
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Statutory law
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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
responsibilities.
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Administrative law
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The rules of law announced in court decisions. Includes the aggregate of reported cases that
interpret judicial precedents, statutes, regulations, and constitutional
provisions.
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Case law
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The branch of law that spells out the duties that
individuals in society owe to other persons or to their governments, excluding
the duty not to commit crimes.
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Civil law
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The branch of law that defines and governs actions that constitute
crimes. Generally, has to do with wrongful actions committed against society for which society
demands redress.
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Criminal law
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The authority of a court to hear and decide a particular
case.
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Jurisdiction
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A court in which trials are held and testimony taken.
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Trial court
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A question that pertains to the U.S. Constitution, acts of Congress, or
treaties. Provides a basis for federal court jurisdiction.
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Federal question
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A basis for federal court jurisdiction over a lawsuit that arises when
(1) the parties in that lawsuit live in different states or when one of the
parties is a foreign government or a foreign citizen, and (2) the amount of
controversy is more than $75,000.
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Diversity of citizenship
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