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AMERICAN LEGAL PROCESS EXAM 1 QUIZZES AND VERIFIED ANSWERS .
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AMERICAN LEGAL PROCESS EXAM 1 QUIZZES AND VERIFIED ANSWERS .
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AMERICAN LEGAL PROCESS EXAM 1 QUIZZESAND VERIFIED ANSWERS .
Natural,Law,,ANS,-
,,A,doctrine,that,society,should,be,governed,by,certain,ethical,principles,that,are,part,of,nature,and,,as,suc
h,,can,be,understood,by,reason.
Positive,Law,,ANS,-
,,Law,based,on,the,dictates,of,a,central,political,authority.,United,into,a,Christian,framework,by,St.,Thoma
s,Aquinas
Legal,Positivism,,ANS,-
,,A,school,of,legal,thought,centered,on,the,assumption,that,there,is,no,law,higher,than,the,laws,created,by
,a,national,government.,Laws,must,be,obeyed,,even,if,they,are,unjust,,to,prevent,anarchy.
Irrational,Law,,ANS,-,,System,of,law,whose,judges,are,honest,and,fair.,
Where,decisions,made,on,cases,are,particular,to,that,circumstance.
Rational,Law,,ANS,-,,Application,of,general,principles,to,specific,facts
5,postulates:
1.,Application,of,an,abstract,legal,proposition,to,a,set,of,concrete,facts
2.,Legal,propositions,based,on,logic,is,what,decides,a,case
3.,No,gaps,in,the,legal,system,that,render,certain,disputes,outside,the,pale,of,the,law
4.,A,persons,actions,is,either,an,application/carrying,out,a,legal,proposition,or,an,infringement,of,either
5.,If,it,cannot,be,decided,in,legal,terms,,then,it,is,legally,irrelevant
Common/Case,Law,,ANS,-,,the,body,of,law,made,up,of,judicial,opinions,and,precedents
Equity,,ANS,-
,,A,set,of,rights,,remedies,and,procedures,available,to,improve,and/or,mend,the,defects,of,the,common,la
w.
, Estoppel,,ANS,-,,A,legal,impediment,to,denying,a,fact,or,restoring,a,right,that,has,been,previously,waived.
Equity,In,America,,ANS,-
,,After,the,Revolution,,the,English,chancery,courts,were,abandoned,,and,many,colonies,consolidated,cour
ts,of,equity,and,common,law
Equity,,ANS,-,,Equity,involves,a,modification,of,the,law,to,promote,fairness
Equitable,relief
Has,power,over,persons
Equity,Courts,typically,grant,Specific,Performance,remedies,such,as,"injunctions."
Common,Law,,ANS,-,,Common,law,provides,for,monetary,damages
Civil-Law,Systems,,ANS,-,,Promote,legislative,supremacy,where,the,judiciary,is,subservient
Although,prior,judicial,decisions,may,be,consulted,,they,are,not,binding
The,product,of,legal,scholarship
Constitutional,Courts
The,function,of,the,judge,is,to,discover,the,applicable,provisions,of,the,code,and,apply,them,to,cases,with
out,discretion
Inquisitorial,,ANS,-,,Historically,carries,a,negative,connotation
Nowadays,,it,is,a,judicial,procedure,in,which,judges,are,at,the,center,of,the,fact-gathering,process
The,parties,provide,all,of,the,evidence,and,the,judge,calls,upon,witnesses
The,court,asks,the,questions
Adversarial,,ANS,-,,Each,side,is,meant,to,proceed,by,pursuing,their,own,self-interest
The,judge,is,neutral,and,plays,the,part,of,"referee",who,enforces,the,rules
Code,of,Procedure,,ANS,-
,,After,the,Revolution,,the,American,Colonists,inherited,the,English,system,with,an,unyielding,approach,to
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