Answers
Major Difference between Common Law and Civil Law Common law establishes legal
concepts by judicial rulings and precedents, while civil law establishes legal concepts by the
codified statues
Definition of Rule of Law The framework of a society in which pre-established norms and
procedures provide for consistent, neutral decision making
4 Principles of the Rule of Law 1. All individuals are private entities are accountable
under the law
2. The laws are clear, public, stable, and just; are applied evenly; and protect fundamental rights
3. The process by which the laws are enacted, administered, and enforced is accessible and fair
4. Justice is delivered in a timely manner by competent, ethical, independent, and neutral
representatives who serve the public good
Definition of Affirm To ratify, uphold or approve a lower court ruling
Definition of Overrule To reverse the ruling of a lower court ruling
, JRN 430 FINAL EXAM Questions And
Answers
Definition of Concurring Opinion A separate opinion of a minority of the court or a single
judge or justice agreeing with the majority opinion but applying different reasoning or legal
principles
Definition of Dissenting Opinion A separate opinion of a minority of the court or a single
judge or justice disagreeing with the result reached by the majority and challenging the
majority's reasoning or the legal basis of the decision
Definition of Remand To send back to the lower court for further action
Definition of Judicial Review The power of the courts to declare laws unconstitutional
Who uses the power of judicial review the most? US Supreme Court
Definition of an Originalist Supreme Court justices who interpret the Constitution
according to the perceived intent of its framers
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Definition of a Textualist Supreme Court justices who rely exclusively on a careful
reading of legal texts to determine the meaning of the law
Six Sources of Law Constitutions, statues, equity law, common law, administrative law,
and executive orders
Definition of Doctrines Principles or theories of law
Definition of Tests A commonly applied method of evaluation used to resolve matters
Definition of Plaintiff Person who is suing in a civil case
Definition of Respondent Person who is being sued in a civil case
Definition of Defendant Person being prosecuted in a criminal case