Law terms chapter 3/4
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A flexible term for the authority of state legislatures to enact laws regulating and restraining private rights and occupations for the promotions of public health, safety, welfare, and morals.
The substantive law of place where rhe last event necessary to make the actor liable takes place or where the person or thing harmed is situated at the time the wrong is committed.
Lex Loci Deliciti Commissi
Legislative bodies delegate authority to governmental entities called agencies, boards, authorities, and commisions.
In general a judicial policy that guides courts in making decisions. The doctrine normally requires lower-level courts to follow the legal precedents that have been established by higher-level courts.
Stare Decisis (stand by its decisions)
the court determines that a certain rule of law applies to the paritcular factual situation present in the case being decided and renders its decision accordingly.
Holding of the Case
Also known as the "elastic clause," this clause is one of the most powerful in the Constitution. It allows the Government of the United States to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution." This has been used for all types of federal actions including requiring integration in the states.
Necessary and Proper Clause
decision of the case
Rule of the Case
Statutes that command or prohibit certain acts and establish penalties for their violation.
A statement by a judge concerning a point of law that is not necessary for the decision of the case in which it is stated. Usually, dictum is not as persuasiyc:u its opposite, i.e., holding.
As a general rule, Article VE, Section 2 of the federal constitution makes the U.S. Constitution, federal laws, and treaties "the supreme law of the land" taking precedence over state constitutions and laws where a direct conflict exists.
The variance between the laws of two states or countries telating to the subject matter of a ouitbrought in one of them, when the parties to the suit, or some of them, or the subject matter, belong to the other.
Conflict of Laws
The law of the place where the action was instituted.
This lerm is used in three different contexts in this textbo~ It refers to the right of judges, particularly in contract and tort cases, to declare the law based on principles and precedents established over several centuries in Anglo-Amencan case law. (2) It refers to the system of law established in England and subsequently adopted in most American states that features judge-made law and considers case precedent, as an important source of law. This text distinguishes the common law approach to lawmaking from the civil law approach, which is derived from detailed legislative codes rather than judicial precedents. (3) Lastly, this term referes to differences in rights, remedies, and procedures thaI distinguish the common law courts (law courts) from courts of equity.
The requirement that the public acts, records, and judicial proceedings of every state shall be given the same effect by the courts of another state that they have by law and usage in the state of origin. U.S. Const., Art. rv, Sec. I. Congress has prescribed the manner in which they may be proven.
Full Faith and Credit Clause
Laws that make acts criminal that were not criminal at the time they wete committed.
Ex Post Facto Law
A legislative act that declares a person guilty of a crime and imposes punishment (generally capital punishment), Used in lieu of the judicial process.
Bill of Attainder
A governmental body that is empowered to resolve disputes according to law
hears and decides controversies by determing facts and applying appropriate rules.
review the decisions of trial courts.
The power or authority of a court to detemline the merits of a dispute and to grant relief
Jurisdiction over the persons of the plaintiff and defendant.
In Personan Jurisdiction
Jurisdiction over properry.
In Rem Jurisdiciton
the subject of the case
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