ULAW 1000 - Law and Systems

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22 Terms

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Primary Law Process
The method by which laws create order in social and economic life, govern dispute resolution, and affect law-making and changes.
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Emancipation Proclamation
An executive order that is an example of law functioning to create social change and reflect values.
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Remedial Law
Laws that provide remedies when legal rights are violated.
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Public Safety
The primary aim of criminal laws, focusing on protecting the community.
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Expressive Law
Laws that reflect societal values and identity, such as the Emancipation Proclamation or executive orders.
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Sherman Act
A law aimed at regulating monopolies, marking a significant point in American economic history.
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Moral Functions of Law
How law mediates questions of value, balancing concepts like truth-seeking and efficiency.
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Adversarial System
A legal system where the parties involved drive the process, as opposed to an inquisitorial system.
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Common Law
A legal system where judges base decisions on prior judicial rulings, treating like cases alike.
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Civil Law
A legal system where judges primarily interpret and establish statutes without relying on other judicial decisions.
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Truth-seeking vs. Efficiency
A fundamental tension in law where the quest for truth is balanced against the need for efficient legal processes.
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Federal Law
A system of government where different jurisdictions coexist, in contrast to a unitary system.
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Judicial Activism

Judicial philosophy where judges interpret the Constitution and laws broadly to address social issues.

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Judicial Restraint

Judicial philosophy advocating that judges should limit their own power and avoid making policy decisions.

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Sovereign Immunity

Principle that the government cannot be sued without its consent.

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Stare Decisis

The legal principle which dictates that courts should follow precedent set by previous decisions.

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Due Process

Legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment.

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Separation of Powers

The division of government responsibilities into distinct branches to prevent any one branch from overpowering the others.

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Federalism

A system of governance where power is divided between a central government and regional governments.

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The Exclusionary Rule

Legal principle that prohibits the use of evidence obtained in violation of a defendant's constitutional rights.

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Double Jeopardy

Legal doctrine that prohibits an individual from being tried twice for the same offense.

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Pro Bono Law

Legal services provided voluntarily and without payment as a public service.