Card Set Information
What is Law?
the collection of rules imposed by authority
Is the Natural Law the only basis for the American Legal System?
No, there is also Positivist School, Historical School, and Legal Realism
What are Damages
An amount given to a party whose legal interest have been injured.
What are remedies at Law and Equity mean
Justice and fair dealings, they seek to supply a remedy when no adequate rememdy at law is avalible.
Who is the defendant in an action?
is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute
Do courts depart from precedents?
A departure from precedent normally only occurs if the precedent in question is thought to be incorrect or inapplicable.
What is Alternative Dispute Resolution
includes dispute resolution processes and techniques that fall outside of the government judicial process
What is a Summary Judgment Motion and who can file it?
asking the court to grant a judgement in that party's favor without a trial, only if it determines that no facts are in dispute and the only question is how the law applies to the fact.
Why do we have checks in balances in the Constitution?
checks and balances prevents any branch of government can accumulate to much power.
What is Political Speech?
What is Service Process?
The plantiff must deliver, or serve, a copy of the complaint and a summons to the defandant.
What are the Sources of Law?
1. The U.S. Constitution and the constutitutes of the various states
2. Stattory law - including laws passed by congress, state legislatures, or local governing bodies
3. Regulations created bu adminstration agencies such as the food and drug administrations
4. Case law and common law doctrines.