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Chapter 1
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stare decisis
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Latin term for “Let the decision stand”; the doctrine of following or distinguishing case precedent.
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act of state doctrine
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In international law, a theory that each country’s governmental actions are autonomous and not subject to judicial review by the courts in other countries.
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bilateral treaties
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In international law, a treaty between two nations.
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brief
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Document prepared by lawyers on the appeal of a case to provide the appellate court with a summary of the case and the issues involved.
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Citation
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Name given to abbreviated description of a court case or statute; for example, 355 F. Supp. 291.
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Cite
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See citation.
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civil law
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Laws affecting the private rights of individuals.
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common law
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Originally, the law of England made uniform after William the Conqueror; today, the nonstatutory law and the law found in judicial precedent.
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Constitutions
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Document that contains the basic rights in a society and the structure of its government; cannot be changed without the approval of the society’s members.
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courts of chancery
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Courts that were once separate and administered equitable remedies; now chancery courts are not separate; most courts have the authority to order legal or equitable remedies.
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criminal law
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As opposed to civil law, the law on wrongs against society.
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Equity
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That portion of the law that originated to afford remedies when money damages were not appropriate; currently, remedies of law and equity have merged and courts can award either or both.
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Executive orders
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Law of the executive branch; sets policies for administrative workers and contracts.
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Injunction
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Equitable remedy in which courts order or enjoin a particular activity.
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jurisprudence
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The philosophy of law.
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multilateral treaties
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A treaty agreed to by several nations.
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ordinances
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Laws at the city, town, or country level.
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Party autonomy
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The right of parties to determine privately their choice of law.
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Private law
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The law of contracts and the intrabusiness laws such as personnel rules.
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Private laws
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The law of contracts and the intrabusiness laws such as personnel rules.
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Procedural laws
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Laws that provide the means for enforcing rights.
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Public law
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Law passed by some governmental agency.
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State codes
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State laws passed by legislatures.
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statutory law
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Law codified and written; passed by some governmental entity.
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Substantive laws
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Laws that give rights and responsibilities to individuals.
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treaty
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In international law, an agreement between two or more nations.
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Uniform Commercial Code (UCC)
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Uniform law adopted in forty–nine states governing sales contracts for goods, commercial paper, security interests, documents of title, and securities transfers.
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uniform laws
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Series of laws drafted by groups of business–people, law professors, and lawyers; adopted and codified by states to help attain a more uniform commercial environment for transactions.
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United States Code (U.S.C.)
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Statutory volumes of congressional enactments.
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universal treaties
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A treaty accepted and recognized by all countries; for example, the Warsaw Convention on air travel.
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