BLS 342- Word List Exam #1

BLS 342- Word List Exam #1 - WORD LIST I Definition of...

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WORD LIST I Definition of “Common Law”= The collection of legal interpretations made by judges. What is the Supreme Law of the land? The supremacy clause (Article V of the constitution). The federal law is the supreme law of the US. Any state or local law that direct conflict is void. What are Federal Statutes and from where do they come? Laws enacted by state legislatures. Burden of Proof= You must be prove beyond reasonable doubt in this type of case Federal Rules of Civil Procedure and State Rules of Civil Procedure= = how you are supposed to act when in the process of a case (long explanation in blue) is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case , motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials , the process for judgment , various available remedies , and how the courts and clerks must function. Stare Decisis= Latin term for stand by your decision Treaty Power – who has it? Executive branch => approved by 2/3 of the Senate Substantive law and Procedural Law= Substantive law defines the rights and obligations. Ex) if you run someone over you need to have a case. Procedural law= rules in place to enforce our substantive rights. Ex) if you run someone over you go about your case starting with filling out forms Public Law and Private Law= Public law involves disputes between private individuals or
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This note was uploaded on 11/15/2011 for the course BLS 342 taught by Professor Miller during the Fall '08 term at Miami University.

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BLS 342- Word List Exam #1 - WORD LIST I Definition of...

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