POLS140 Test 1 Vocabulary
Terms
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- civil disobedience
- The theory that a person may disobey human laws that conflict with natural law or God's law.
- malum in se
- Literally, "wrong in itself." IN criminal law, something that is made illegal because it is inherently wrong.
- malum prohibitum
- In criminal law, something, such as gambling, made illegal because government has deemed it undesirable, thereby prohibiting it.
- precedents
- A case previously decided that serves as a legal guide for the resolution of subsequent cases.
- natural law
- The theory that human law must conform to the laws of God and nature, just as the physical world must confrom to the laws of physics.
- positive law
- The theory that law is merely a reflection of the will of the strongest in a society.
- sociological theory of law
- The theory that law is a function of the society that makes it and that law changes as society changes.
- substantive law
- Law that deals with the content or substance of the law, for example, the legal grounds for divorce.
- criminal law
- Laws passed by government that define and prohibit antisocial behavior.
- civil law
- Law that governs the private relationships between individuals in maters such as contracts, property and torts.
- tort
- A private or civil wrong in which the defendant's actions cause injury to the plaintiff or to property, and the usual remedy is money damages.
- judicial review
- The power of a court to declare acts of governmental bodies contrary to the Constitution null and void.
- constitutional law
- Law that consists of court decisions that interpret and expand the meaning of written constitution.
- administrative law
- The law that governs the actions of administrative agencies.
- case law
- A law that developes through the interpretation of statutes, constitutions, treaties, and other forms of written law.
- common law
- Laws developed, mainly in England, by judges who made legal decisions in the absense of written law. Such decisions served as precedents and became "common" to all of England.
- caveat emptor
- Literally, "let the buyer beware." At common law the doctrine that purchasers of goods must inspect them to avoid being cheated by merchants.
- roman law
- A system of laws created by the Romans and codified in the Code of Justinian.
- civil law system
- A system of laws in which the legislature is the ultimate lawmaker and that relies on codes rather than court precedent as the basis of decisions' the dominant world legal system.
- canon law
- A system of church law.
- substitutionary relief
- The award of money damages as compensation for legally recognized losses.
- specific relief
- Equitable remedies that are directed to the defendant personally and obligate him or her to do or refrain from doing some activity.
- stare decisis
- The policy of courts to follow the rules laid down in previous cases and not to disturb settled points of law
- mandatory authority
- Prior court cases, constitutional provisions, legislative enactments, court rules, or administrative regulations that are binding upon courts in rendering decisions
- injunction
- A court order directing a person to refrain from doing certain acts or carying out certain activities
- persuasive authority
- Secondary sources or materials from other jurisdictions by which courts are not bound but upon which they may rely in deciding cases.
- procedural law
- Law that outlines the legal procedures or process that government is obliged to follow.
- due process of law
- A term used in the Fifth and Fourteenth Amendements to refer to the process that is due before government may deprive a person of life, liberty, or property
- civil action
- A civil lawsuit brought by one person or corporation against another.
- statutory law
- Laws, called statutes, passed by legislative bodies that bestow benefits, impose obligations, or prohibit antisocial behavior.
- regulatory law
- The rules and regulations promulgated by administravite agencies that are just as binding as statutes passed by legislatures.
- equity
- A branch of law that provides for remedies other than damages and is therefore more flexible than common law.
- federalism
- A political system in which governmental powers are divided between a central government and regional and /or state governments.