midterm vocab(nassau) - Law Midterm Supremacy Clause- The...

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Law Midterm Supremacy Clause- The clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The text establishes these as the highest form of law in the American legal system, mandating that state judges uphold them, even if state laws or constitutions conflict. Administrative Law- the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Case law- the reported decisions of selected appellate and other courts (called courts of first impression) which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis. Stare Decisis- he legal principle by which judges are obliged to obey the set-up precedents established by prior decisions. The words originate from the Latin phrase Stare decisis et non quieta movere, "Maintain what has been decided and do not alter that which has been established". Statutory Law- written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary). Precedent- a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts. Commerce Clause- he clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Procedural Due Process- the government follows the rules by which it has agreed to treat accused individuals. Substantive Due Process- prohibits the government from infringing on fundamental constitutional liberties. Federal Court- If a case is originally filed in a state court, and the requirements for federal jurisdiction (diversity and amount in controversy are met, the case involves a federal question, or a supplemental jurisdiction exists), the defendant (and only the defendant) may remove the case to a federal court.
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Complaint-a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party (the plaintiffs) believes are sufficient to support a claim against another person, persons, entity or entities (the defendants) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). Summons- an invitation for a defendant to appear at a corporation's place of business to
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midterm vocab(nassau) - Law Midterm Supremacy Clause- The...

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