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Federal, State or Local govornment agency established to perform a specific function.
Ex: The Commission on Human Rights deals with discrimination in employment, housing and public accommodations.
Bill of Rights
The first ten amendments made to US constitution.
Ex: These ammendmets deal with issues such as freedom of religion, speech, press, right to peaceably assemble and petition the government etc. The right of the people to keep and bear Arms, prohibiting unreasonable searches and seizures or issuing warrants, regulations on death penalty , prohibiting trial more than once for the same offense, compensation for property acquisition , impartial local jury, information about accusation, etc are the important rights included in this bill.
The law pertaining to all public or private rights and duties rather than to matters arising under administrative, criminal, or military law.
Ex: Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, etc.
An Enumerated Power stating the United States Congress shall have power to regulate Commerce with foreign Nations, among the States, and with the Indian Tribes.
Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar cases rather than through legislative statutes or executive branch action. Common Law binds future court decisions
- Ex: In cases where the parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision.
- *STARE DECISIS*
A set of fundamental principles or in which a state or organization is governed.
(Penal Law) The body of law that deals with conduct considered so harmful to society as a whole that it is prohibited, prosecuted and punished by the government.
Ex: Theft, burglary, illegal drugs, assault
One against whom a lawsuit is brought. The accused person in a criminal proceeding.
General propositions or principles of law that have to do with ethics and fairness.
Executive orders are official documents, numbered consecutively, through which the President of the United States manages the operations of the Federal Government.
Ex: When something can be improved upon where the President feels it is necessary to act upon, it is called an executive order and does not have to pass through Congress first.
Establishes that Federal Law supercedes all state and local law.
A system of government in which power is divided between a central authority and constituent political units. (like States)
An injunction is an order of a court requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future.
In relatively rare cases, the court may issue a "mandatory injunction", compelling a person, company, or governmental unit take affirmative action to do something.
International law is a body of laws, regulations, and accepted practices by which different nations throughout the world interact with each other.
The science or philosophy of law.
Rules and regulations that pertain to a certian country.
A law, regulation or provision enacted by a municipal body.
The one who initiates a law suit.
The part of the legal system that involves relationships between individuals. This includes the law of contracts and law of obligations.
The legal rules governing practice and procedure of the courts, processes of examination, evidence, investigation and conduct of public officials. Determines what happens in civil or criminal proceedings.
Police and courts rely on procedural law to determine how evidence is obtained, searches are conducted, arrests are made, bail is set, defendants are treated, juries are chosen, presentation of evidence will occur at trial and sentencing will proceed.
Law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are all sub-divisions of public law.
A court-ordered correction of a written contract so that it reflects the true intentions of the parties.
Defined as the "unmaking of a contract" between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract.
Separation of Powers
Constitutional principle that limits the powers vested in any person or institution. It divides governmental authority into three branches: legislative (Congress), executive (President/Cabinet), and judiciary (Chief Justice and other judges).
When a court orders the party that broke the contract to perform his or her obligations as agreed in the contract.
Is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
A formal written enactment (law) of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy.
Is the sector of the legal system that determines the obligations and rights of people and legal entities.
A formal agreement between two or more states in reference to peace, alliance, commerce, or other international relations.
Uniform acts (laws) are adopted, in whole or substantially, by individual states at their option. Uniform laws are intended to promote fairness to all citizens of all states without distinction or discrimination.