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Cards In This Set
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Statues
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General law
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Common law
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Court-made laws
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Administrative regulations
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Ex. FCCagencies have power to adopt and enforce regulationsdecisions can be appealed to courts
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Precedent
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Courts interpret law a certain way and tell other lower courts to do the same way
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Why follow precedent?
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Prevents similar situations to not bog down courtsgives people an idea how to approach case
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Why ignore precedent?
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Facts are different enoughcourts disagree with precedent
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Supreme Court doesn't hear caseWhat does it mean?Why might it not?
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Final decision on case is the lower court's decisionDoesn't mean Supreme Court agrees with one sideThousands of cases to hear, can't hear them all
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Plaintiffinjunctiontortdiscovery
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-person who files a lawsuit against someone else-a court order to stop doing something-a civil wrong-gather evidence on the other side
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Criminal law
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State v. personstate provides lawyerex. murder, theft, libelburden of proof- beyond a reasonable doubt
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Civil law
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Person v. personmust hire own lawyerpreponderance of evidence-evidence is better for one side
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Judicial review
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Courts have right to say a law or statue is unconstitutionalcourts took this right, not part of constitution
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Marybury v. Madison
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Established judicial reviewJohn Adams appointed last minute judges before leaving officeMadison refused to go Marbury his commission papersSupreme Court decided the law (to appoint last minute judges) wasn't constitutional, and refused to give Marbury his papers
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What case set the precedent of using truth as a defense in a libel case?
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Zenger caseLawyer told jury if facts should be proven true, it's not libelJury ignored orders of court & set Zenger free
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What part of 14th Amendment used by courts to argue that Bill of Rights should apply to the states?
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"due process of the law"no branches of gov't can take away rights, including states
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Why did John Stuart Mill feel it was wrong to silence expression?
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Opinion may be true, may be only partly true, may be totally untrueeither way, it has a benefit to the people and you can't deprive people of that
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