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Questions and Answers

According to Black's Law Dictionary, what is the definition of law?

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Which of the following is NOT typically a function of law in a nation?

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What is a key characteristic of authoritarian governments regarding law and its function?

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What was a frequent consequence of European colonial rule in many nations, with respect to the law?

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What is 'genocide' as described in the text?

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What is one of the potential issues that former colonies of European nations have?

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Which statement best describes the relationship between law and social change, as discussed in the text?

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In the context of different legal systems, what was a key function of law in the empires discussed, prior to the twentieth century?

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Which of the following best describes the situation where a central power's removal leads to power vacuums, as seen in the former Soviet Union?

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In the context of the text, how are state judges typically selected in the United States?

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What is a key challenge described regarding the confirmation of federal judges in the U.S.?

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What is the primary factor in determining who has the authority to make and enforce laws in most nation-states?

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Which of the following statements best describes the concept of legal positivism?

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What does the text suggest about the relationship between law and politics?

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What is one reason why unstable or authoritarian governments may fail to serve the principal functions of law?

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How might a positivist analyze a speed limit law, according to the provided text?

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What does the example of King Herod's decree illustrate regarding legal positivism?

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The text suggests which of the following in regards to revolutions?

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What is meant by the term ‘sovereign’ as it relates to a nation-state in the context of the text?

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Which of the following is the best example illustrating the main point of ‘legal realism’?

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How might someone living under an unjust law attempt to avoid its impact?

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What is the primary focus of the philosophy of law, also known as jurisprudence?

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Which concept does the text introduce as transcending human-made laws?

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What does the term 'stare decisis' mean?

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Which area of law deals with agreements that courts should enforce?

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If an individual is harmed by a false statement by a competitor, what type of law would usually apply?

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In which type of case would a plaintiff be seeking remedies due of some kind of injury, without any contract existing?

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Which of the following best describes a 'case of first impression'?

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Which system of law was primarily utilized in the original colonies before independence?

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If a state's supreme court has ruled on a specific issue, what must lower courts in that state do.

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What was the primary area that state courts exercised power over in the early years of the United States?

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What differentiates a criminal case from a civil case?

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According to the document, what is a potential consequence of breaking a criminal law?

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In a civil case, what could a losing defendant potentially have to do, but they would not go to prison?

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What is the primary difference between civil and criminal law?

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According to the natural-law school of legal thought, what is the primary basis for determining the legitimacy of laws?

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If you see 'U.S. v. Johnson' in a trial caption, what is the most likely type of case?

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Which of the following describes procedural law?

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What is the view of civil disobedience according to the natural-law school of thought?

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If you drive over the speed limit, which kind of law have you violated?

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Which document embodies a natural-law philosophy?

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The idea that rights are 'unalienable,' as expressed in the Declaration of Independence, can be traced back to which school of thought?

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What is a fundamental argument of legal positivists against natural law?

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What is the central argument of the historical school of law?

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What was a key principle behind the legal realist school of thought?

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Martin Luther King Jr.'s 'Letter from Birmingham Jail' aligns most closely with which legal school of thought?

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Which of the following best describes the term 'a priori' as used in the discussion on equality?

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Why did Rosa Parks refuse to give up her seat to a white person on the bus?

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Which of the following describes positive law?

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What is a central theme of the natural law view as it relates to 'consent of the governed'?

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According to the natural law perspective described in the text, what does breaking an unjust law demonstrate?

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According to the content, what is considered more difficult to know or understand?

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What do legal realists emphasize more than formal application of precedent?

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What is the primary criticism of the legal realist perspective regarding judicial decision-making?

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Which school of thought is most directly influenced by the legal realist perspective?

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According to the Critical Legal Studies (CLS) school, how is social order maintained and by which group?

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How does the ecofeminist school of legal thought relate the treatment of women to the treatment of the natural world?

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According to ecofeminist legal theory, how does male ownership of land affect the natural environment?

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Which legal school emphasizes the command of a sovereign as the core of law?

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Which basic function does the law primarily serve, despite its inability to correct every wrong in society?

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Which statement reflects the relationship between ethics and the law as described in the content?

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Why did judges in England begin writing down the facts and reasoning of their decisions?

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What is the meaning of the term 'stare decisis' in the context of common law?

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Which is an example of something that is considered 'wrong' but is NOT likely to result in a viable lawsuit?

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How do legal systems typically view and treat private property ownership?

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What is the core concept of reasoning by 'analogy' in legal decision making?

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Which legal school of thought emphasizes the rights and duties of both government and the governed?

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How does the content describe a 'precedent' in the context of common law?

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Which amendment to the U.S. Constitution ensures 'due process of law' at the state level?

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What is the primary distinction between criminal law and civil law?

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What are the primary sources of law within the U.S. legal system?

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What characterizes customary international law?

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How can a state law be invalidated?

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Why is it difficult to amend the U.S. Constitution?

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What does it mean for a law to provide a 'cause of action'?

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How are U.S. representatives chosen?

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Which of the following best describes the role of the U.S. Senate?

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What is the significance of the due process clause found in both the Fifth and Fourteenth Amendments?

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In the context of a speeding violation, what might be relevant as evidence to determine whether a traffic law was fairly applied?

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Why is a person's bragging about committing a crime potentially relevant in a court case?

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What is a key feature of a state constitution in the U.S.?

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What is a key purpose of the census in the United States?

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What does the case of Virginia Rulon-Miller vs IBM illustrate about employee rights?

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According to the content, what distinguishes common-law systems from civil-law systems?

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What is the main source of growth and change in civil-law systems, according to the text?

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Why is it said that "The law is in the code, not in the cases" in civil-law systems?

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What is the doctrine of "jurisprudence constante" in civil-law systems?

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Which of the following legal systems operates on assumptions different from those of both English common law and European civil law?

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What is the historical reason behind the prevalence of civil-law systems in many former European colonies?

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What is the main distinction between US civil law and European civil law as discussed in the text?

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What is the "employment at will" rule in common law?

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What is the primary purpose of Title VII of the Civil Rights Act of 1964?

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What is the key difference between "quid pro quo" and "hostile work environment" sexual harassment?

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How did Congress respond to sexual harassment, which was not explicitly mentioned in Title VII?

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What is a 'writ of certiorari'?

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What was the main issue the Supreme Court wanted to resolve in the Teresa Harris case?

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Why does the Supreme Court choose its cases carefully?

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In the context of the legal systems discussed, who or what is the main driver of change in the law?

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How does the legal system in the United States demonstrate a blend of common law and statutory law?

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What happens if a bill is reported out of committee?

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What role does a conference committee serve in the legislative process?

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What is required for Congress to override a presidential veto?

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Which body of Congress is responsible for ratifying treaties?

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What characterizes the authority of administrative agencies created by Congress?

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What is the purpose of the Federal Register?

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What type of law does common law typically refer to?

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How did common law evolve in the United States?

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What happens if a state law conflicts with the Constitution?

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Which of the following best describes the change from common law to statutory law?

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What is one function of municipal ordinances?

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Which of these is an example of an administrative agency?

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What precedes statutory law in the hierarchy of laws?

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What must state legislatures do before a law making a specific action illegal can be enacted?

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What is a primary reason courts rely on precedent in decision-making?

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How do courts articulate general rules from case decisions?

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What would be a potential outcome if a court decided an employee's firing was not legally actionable?

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Which statement about common law is accurate?

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What legal principle would allow an employee to sue an employer for wrongful termination if the employee refused to commit perjury?

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What is a holding in the context of a court decision?

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What distinguishes the common law system from other legal systems?

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What consequence can arise from a lack of applicable statutes in a case?

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Why might judicial reasoning vary among judges?

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What is one challenge courts face when interpreting the law?

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How can administrative agencies contribute to the U.S. legal system?

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What authority does the federal government have regarding treaties?

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How does the U.S. Constitution impact state laws?

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What role does the concept of 'freedom of choice' play in employment law cases?

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What is a key characteristic of the judicial decision-making process in the common law tradition?

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What behavior did Charles Hardy exhibit toward Harris that contributed to the environment being perceived as abusive?

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What was the court's rationale for not finding Hardy's conduct as creating an abusive work environment?

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What specific interaction did Harris have with Hardy regarding his conduct?

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What was one significant impact of Hardy’s behavior on Harris's decision to leave Forklift?

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According to the ruling, what must conduct reach in order to create legal implications under Title VII?

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What type of harassment was NOT present in Harris's case against Forklift?

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What standard did the District Court apply to assess whether Hardy's conduct created an abusive environment?

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How did the court's findings reflect on the broader interpretation of Title VII?

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What was the outcome of Harris's lawsuit against Forklift?

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What type of misconduct did Hardy display towards female employees, including Harris?

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Why did the court describe Harris's case as 'a close case'?

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What effect did the court assert that a discriminatorily abusive work environment could have without serious psychological injury?

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What is an essential factor in determining whether conduct creates an abusive work environment?

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What was one of Hardy's inappropriate behaviors mentioned in the case?

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What is not required for an employee to win a Title VII sexual harassment claim?

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Which factor is relevant to determining whether an environment is hostile or abusive?

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How did the District Court err in its application of standards in this case?

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Which of the following does Title VII bar?

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In assessing whether a work environment is hostile, which element is not considered?

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What broad principle does this case establish regarding Title VII sexual harassment claims?

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Which aspect did the Supreme Court focus on to determine the nature of harassment?

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What fundamental legal education element was briefly covered in this chapter?

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What may influence the perception of a work environment being abusive or hostile?

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Which is a primary source of law that will negate inconsistent lower-court laws?

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In the case of distinct legal approaches, what are the two main systems compared?

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What determines the appropriate legal rule to apply in a case where there is no established precedent?

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Which of the following factors does not typically contribute to a court's decision-making process?

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What aspect did feminist legal studies scholars fear would change after this ruling?

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Which of the following is NOT a recognized example of how a US treaty obligation can override domestic law?

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What is the significance of the US losing a dispute settlement at the GATT panel concerning tuna fishing methods?

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Why is NAFTA considered to have been legally and politically dead if Ross Perot had won the 1992 election?

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Flashcards

Meaning of Law

Law has various interpretations and functions across contexts.

Schools of Legal Thought

Diverse philosophies that interpret justice and law.

Positive Law

Law established by a governing authority with binding force.

Functions of Law

Law serves to maintain peace, status quo, rights, and justice.

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Authoritarian Government

A government that maintains control often at the expense of rights.

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Colonial Rule

European powers imposed control that often ignored local rights.

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Ethnic Power Struggles

Conflicts between ethnic groups affecting governance and peace.

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Genocide

Systematic killing or displacement of one group by another.

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Congressional Committees

Groups within Congress that discuss and review proposed bills.

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Bill Reporting Out

When a committee brings a bill to the floor for a vote.

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Conference Committee

A group that reconciles different versions of a bill from House and Senate.

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Presidential Veto

The president's power to reject a bill passed by Congress.

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Override a Veto

Congress can pass a bill despite a presidential veto with a two-thirds vote.

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Treaty Ratification

Only the Senate must approve treaties for them to become law.

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Administrative Agencies

Government entities created to enforce laws and regulations.

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Federal Register

A daily publication that contains proposed rules from agencies.

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Code of Federal Regulations (CFR)

Compilation of all federal rules adopted by agencies.

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State Legislatures

Bodies that create laws at the state level, similar to Congress.

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Governor's Veto

The power of a governor to reject a bill in state legislation.

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Local Ordinances

Laws enacted by counties or municipalities.

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Common Law

Law derived from judicial decisions rather than statutes.

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Priority of Statutory Law

Statutory law takes precedence over common law.

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Constitutional Law

The highest form of law that overrides statutory and common law.

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Stare Decisis

Legal principle meaning "let the decision stand."

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Property Law

Law governing ownership, use, and transactions of real property.

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Contract Law

Regulates promises and agreements enforceable by courts.

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Tort Law

Addresses civil wrongs causing harm without a contract.

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Civil Cases

Legal disputes where compensation is sought, not punishment.

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Criminal Law

Law defining offenses against society, punishable by imprisonment or fines.

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Role of State Courts

State courts handle the majority of legal cases.

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Jurisdiction

The authority of a court to hear a case and make legal judgments.

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Procedural Law

Rules governing court processes and legal procedures.

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Substantive Law

Laws that define rights and obligations of individuals and entities.

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Judicial Precedent

Previously decided cases that influence future rulings.

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Government Civil Actions

Lawsuits initiated by government against individuals or entities.

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Restitution in Tort Law

Compensation awarded in tort cases for injury or harm caused.

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First Impression Cases

Legal cases with no prior court rulings for guidance.

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Legal Realism

The view that judges' decisions are influenced by personal beliefs and social context.

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Critical Legal Studies (CLS)

A school of thought claiming law is influenced by power dynamics in society.

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Dominator Culture

A societal framework where male ownership leads to controlling relationships.

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Ecofeminism

A perspective linking the exploitation of women to the degradation of nature.

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Natural Law

The belief that law is based on moral principles inherent to human nature.

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Moral Minimums

Basic ethical standards a community expects its members to uphold.

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Breach of Contract

Failure to perform as promised in a contractual agreement.

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Precedent

A prior judicial decision that serves as a rule for future cases.

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Judicial Decision-Making

The process by which judges arrive at verdicts based on cases' facts.

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Social Control through Law

The use of legal systems to maintain societal order.

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Civil Rights for Women

Legal entitlements and protections aimed at ensuring gender equality.

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Ownership of Property

The legal concept that protects individual rights to possess and control property.

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Civil Disobedience

The act of refusing to obey laws considered unjust for moral reasons.

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Rosa Parks

Civil rights activist known for refusing to give up her bus seat in protest.

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Unalienable Rights

Rights that cannot be taken away, as stated in the Declaration of Independence.

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Consent of the Governed

The belief that governments derive their authority from the approval of the people.

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Henry Thoreau

Philosopher known for his writings on civil disobedience and moral duty.

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Martin Luther King Jr.

Civil rights leader advocating for justice through nonviolent protest and civil disobedience.

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Natural Law Philosophy

A belief that law should align with universal moral principles governing behavior.

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Historical School of Law

A perspective that emphasizes past legal decisions and precedents over moral arguments.

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A Priori Knowledge

Knowledge that exists independent of experience, often used in moral arguments.

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Objective Norms

Principles considered universally applicable to govern behavior.

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Moral Order

The belief that laws should be governed by an underlying moral framework.

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US Declaration of Independence

Document expressing natural law philosophy and unalienable rights.

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Power Vacuums

Situations where a central power is absent, leading to potential chaos or conflict.

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Ethnic Conflict

Disputes and violence arising between different ethnic groups, often over territory.

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Judicial Appointment

The process by which judges are selected for courts, often influenced by politics.

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Political Power

The capacity to influence or control the behavior of people and institutions.

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Legal Positivism

Philosophy that views laws as commands from a sovereign authority and emphasizes their written form.

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Sovereignty

The authority of a state to govern itself or another state.

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Judicial Decisions

Rulings made by judges that interpret laws and set legal precedents.

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Statutes

Written laws enacted by a legislative body.

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Political Conflicts in Judiciary

Tensions arising during the appointment and confirmation of judges due to party differences.

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Command of Sovereign

Legal authority that issues commands or laws in a state.

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Unstable Governments

Governments that are unable to maintain order or fulfill legal functions.

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Revolutions

Significant changes in political power or organizational structures, often through uprising.

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Right to Legal Counsel

The entitlement to have an attorney represent you in legal matters.

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Due Process Clause

A constitutional guarantee that a law shall not be unfairly applied.

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Civil Law

Law concerning disputes between individuals or organizations.

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Sources of Law

Primary origins of legal authority, like statutes and constitutions.

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Constitution

A foundational document outlining a nation's legal framework.

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Executive Orders

Directive issued by president or governors having the effect of law.

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Federal vs. State Law

Federal law is national; state law operates within a state.

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Priority of Laws

Refers to which laws take precedence in case of conflict.

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Rights of Citizens

Guaranteed privileges and protections, often defined by the constitution.

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House of Representatives

The lower chamber of Congress, proportional to state population.

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Senate

The upper chamber of Congress, with equal representatives from each state.

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Constitutional Amendments

Changes or additions to the constitution, requiring significant approval.

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Cause of Action

The reason a person can bring a lawsuit based on damage or wrong.

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First Amendment

The amendment that protects free speech but has limitations.

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Defamation

A false statement that injures someone's reputation.

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Fair Labor Standards Act

A federal law establishing minimum wage and prohibiting oppressive child labor.

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Treaty Supremacy

Treaties have equal or greater authority than statutes.

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WTO Dispute Resolution

A process to resolve trade disagreements under the World Trade Organization.

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Utilitarian Theory

The ethical theory that the best action benefits the majority.

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Marine Mammal Protection Act

U.S. law protecting marine mammals, impacting tuna fishing practices.

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Tuna-Dolphin Dispute

GATT panel decision on U.S. fish import restrictions affecting dolphins.

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Withdrawal from Treaties

The U.S. may opt out of treaties voluntarily.

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Breach of Promise to Marry

A cause of action for breaking a marriage promise, recognized in some states.

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Court Precedent

A judicial decision that serves as an example for future cases.

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Holding

The court's complete answer to a critical issue in a case.

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Reasoning in Cases

Judicial explanations for decisions made in court rulings.

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Legal Liability

Responsibility under the law for one's actions or decisions.

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Subjectivity in Judicial Opinions

Different interpretations and perspectives within court rulings.

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Statutory Law

Laws enacted by a legislative body, like Congress.

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Constitutional Supremacy

The Constitution prevails over all other laws.

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Treaty

An agreement between nations that has legal force once ratified.

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Discharge of Employees

Employers' ability to terminate an employee's position.

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Judicial Guidelines

Standards set by court decisions for future cases.

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Critical Thinking in Law

Analyzing judicial opinions to understand legal issues.

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Legal Frameworks

Structures that represent laws, including constitutions and statutes.

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Title VII

Part of the Civil Rights Act of 1964 that prohibits employment discrimination.

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Hostile Work Environment

A workplace condition where harassment prevents employees from performing effectively.

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Psychological Well-Being

An individual's emotional and mental health condition.

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Meritor Case Significance

Established that serious psychological harm is not required to prove harassment under Title VII.

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Subjective Offense

An individual's personal perception of being offended or harmed by conduct.

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Egregious Examples

Severe or outrageous instances of discrimination or harassment.

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Frequency of Discriminatory Conduct

How often discriminatory actions occur in the workplace.

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Severity of Harassment

The seriousness of the discriminatory acts experienced by a worker.

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Legal Threshold for Harassment

The required criteria that must be met for behavior to be considered hostile or abusive under law.

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Circumstantial Evaluation

Assessing the total context to determine if conduct was hostile or abusive.

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Justice Beyond Psychological Harm

Legal rulings affirming that proof of harm is not necessary for harassment claims.

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Court's Decision on Harassment

Judgment ruling that environment can be considered abusive without proving psychological injury.

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Work Performance Interference

When harassment negatively impacts an employee's ability to perform their job.

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Psychological Harm as a Factor

Emotional distress that may be considered but is not required in harassment claims.

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Riddick v. Clouse

A case that illustrates the importance of precedent in contract disputes.

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Civil Law System

A legal framework based on comprehensive legislative codes.

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Jurisprudence Constante

The doctrine requiring courts to follow established interpretations.

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Employment at Will

Common law principle allowing employers to dismiss employees without cause.

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Title VII of the Civil Rights Act

A law prohibiting employment discrimination based on race, color, sex, and other factors.

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Quid Pro Quo Sexual Harassment

A form of sexual harassment where employment is conditioned on sexual favors.

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Federal District Court

The trial level court in the federal court system.

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Writ of Certiorari

A petition to a higher court to review a case.

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Supreme Court

The highest court in the United States, deciding key legal issues.

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Common Law vs Civil Law

Common law bases decisions on cases; civil law relies on codes.

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Legislative Codes

Comprehensive statutes that dictate legal rules in civil law systems.

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Three Judge System

System often used in civil law cases involving multiple judges.

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Role of Courts

To interpret laws, resolve disputes, and establish legal precedent.

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Legal Systems

Structures governing laws and legal processes in different regions.

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Charles Hardy

The president of Forklift who mistreated an employee due to gender.

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Sexual Innuendo

Subtle remarks with sexual implications made by Hardy towards Harris.

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Gender Discrimination

Unfair treatment of an employee based on their gender, as experienced by Harris.

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Abusive Work Environment

A workplace that is hostile due to discriminatory conduct, as claimed by Harris.

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Objective Hostility

A reasonable person's view that an environment is hostile or abusive.

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Circuit Precedent

Judicial decisions from the same circuit that influence future cases.

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Subjective Perception

An individual's personal experience and feelings about their work environment.

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Severe or Pervasive Conduct

Behavior that is frequent and aggressive enough to disrupt the workplace.

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Discriminatory Intimidation

Actions that create fear or nervousness due to one's identity.

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Working Conditions

The environment in which an employee works, including psychological aspects.

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Meritor Savings Bank v. Vinson

A key court case that established the definition of sexual harassment in workspace.

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Certiorari

A writ issued by a higher court to review a lower court's decision.

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Study Notes

Different Meanings and Functions of Law

  • Law is a body of rules of action, prescribed by controlling authority, with binding legal force, enforceable by sanctions.
  • Law's functions include maintaining peace, preserving the status quo, protecting individual rights, safeguarding minorities, promoting social justice, and enabling orderly change.
  • Effective legal systems balance these functions, whereas authoritarian regimes may prioritize peace and stability over rights.
  • Natural Law: Emphasizes universal moral principles discoverable through reason, surpassing positive laws (human-made laws). Natural law emphasizes a universal moral order. Individuals may possess “God-given” or “natural” rights.
    • Natural law was "discovered" by humans through reason, choosing between good and evil.
    • The US Declaration of Independence embodies natural law philosophy.
    • Civil disobedience is justified in the face of unjust law.
  • Legal Positivism: Focuses on law as the command of the sovereign (recognized authority). A law is legitimate if it comes from a recognized authority and can be enforced.
    • Legal positivism recognizes lawmaker's commands as legitimate.
    • The law, as it is written, or how it is applied, is empirical.
  • Legal Realism: Emphasizes social context and actual behavior of law enforcers in order to understand how laws work in practice. Realist views are based on social context including judicial beliefs, opinions influenced by social context.
  • Critical Legal Studies (CLS): Power and influence dominate the law. CLS theorists, influenced by Marx, believe those with wealth oppress others, perpetuating unjust societal structures. CLS uses law to challenge hierarchical structures.
  • Ecofeminist Legal Theory: Focuses on societal domination of women and the natural world, stemming from male ownership of land. This approach views women, children, land as economic resources.

Sources of Positive Law

  • Constitutions: Fundamental laws outlining the structure and powers of government, including legislative, executive, and judicial branches. States and US constitutions grant and enshrine rights for citizens which may be separate from those of other entities. Constitutions provide cause of action.
  • Statutes and Agency Regulations: Legislation and rules enacted by legislatures and administrative agencies to govern society, providing general rules.
  • Judicial Decisions (Common Law): Past court rulings that establish precedent for future cases, including contracts, torts, and criminal law.
    • Stare Decisis (let the decision stand) is a doctrine upholding precedent. Precedent is an important aspect of common law.
  • Executive Orders: Directives issued by chief executives (president and governors) that carry the force of law.
  • Treaties: Formal agreements between nations which have equal priority to statutes.

Priorities of Law

  • Constitutional Law: Supreme in the US legal system. Statutes and judicial decisions inconsistent with the Constitution are void.
  • Statutory Law: Generally has priority over case law (judicial decisions).
  • Treaties: Equivalent to statutes. Treaty obligations can override prior statutes.
    • Example: Tuna-Dolphin Dispute.
  • Common Law: Primarily used in the UK, US, and former British colonies; emphasizes precedent in court rulings.
  • Civil Law: Prevalent in many European countries; codified legal system, with statutes primarily used to decide cases.

Civil v. Criminal Law

  • Civil Law deals with noncriminal disputes (between individuals or corporations), seeking compensation or remedies
  • Criminal Law deals with offenses against society, punishable by sanctions like fines or imprisonment.

Causes of Action

  • A cause of action provides a legal basis for a court to act. Causes of action are based on various legislative documents, or previously made opinions and judgments.
  • Not all wrongs result in actionable causes.

Subjective Nature of Judicial Decisions

  • Judicial opinions reflect judges' differing legal philosophies. Reasonable people can disagree with the reasoning behind judicial opinions, as justices and judges often refer to different schools of legal thought.
  • The US legal structure is deeply influenced by English common law, including its use of precedent.
  • Compared to the civil law structure (France, for example) US courts are empowered to declare legislative acts unconstitutional.
  • Many civil law systems rely on comprehensive legislative codes, whereas common law tradition heavily depends on judicial decisions to define and interpret law.

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