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a description of the following terms and concepts: 1
a description of the following terms and concepts: 1. State Action 2. Administrative Agency 3. Miranda v. Arizona 4. Jurisprudence 5. Our Two Definitions of "Law 6. The Ethics of Reality, Power and Utility 7. Precedent 8. Procedural Law 9. Standing 10. Alternative Dispute Resolution 11. Preemption 12. Standards/Burdens of Proof in Criminal and Civil cases 13. The Exclusionary Rule 14. 1st Amendment 15. Oligarchy
Expert Solution
1.State action : it means the requirement that in order for a plaintiff to have standing to sue over a law being violated ,the plaintiff must demonstrate that the government (local,state,or federal),was responsible for the violation ,rather than the private actor
In us consistution the protection of rights and equality applies only to the government.private parties stopped to comply with the constitution.
2.Administrative agency : it is a govt body authorized to implement legislative directives by developing more precise and technical rules than possible in a legislative setting.many administrative agencies also have law enforcement responsiblities.
these are created by us congress ,state bodies examples of these are environmental protection agencies ,the national labor relations board etc.
3.Miranda v.arizona : it was a land mark decision of the us supreme court in which the court ruled that fifth amendment to the us constitution prevents prosecuters from using a person's statements made in response to the interrogation in police custody as evidence as their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning ,and of the right against self discrimination before police questioning and that the defendant not only understood these rights,but volantarily waived them.
4.Jurisprudence : it is also called legal theory ,is the theoretical study of law . scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning ,legal systems ,legal institutions,and the role of law in the society.
5.our two definitions of law : law follows certain practices and customs in order to deal with crime,buisness,social relationships,property and finance. there are two definitions of law are classified as civil law and criminal law . civil - deals with individuals,property issue ,companies etc.criminal -state or federal prosecutors bring a case against a person charged with a major crime ,called falony.
6.Ethics of reality ,power and utility :ethical reality holds our ethical concepts ,thoughts, and claims are in the buisness of representing evaluative or normative properties and facts as aspects of reality and that such representatives are at least sometimes accurate. Power : It is the right ,ability,or authority to perform an act .an ablity to generate a change in a particular legal relationship by doing or not doing a certain act. Utility : essential commodities or services such as water,electricity,transportation,or communication provided to the public by private buisness organizations.these organizations are regulated by local state and federal govt.
7.Precedent : a precident is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts
8.procedural law : procedural law ,adjective law ,in some juristrictions refered to as remedial law or rules of court comprimises the rules by which a court hears and determines what happens in civil,law suit,criminal or administrative proceedings.
9.Standing :to have standing ,a party must show an "injury in fact" to their own legal interests. just becuase a party has standing does not mean that it will win the case ,it just means that it has alleged a sufficient legal interest and injury to participate in the case.
10.Alternative dispute resolution : refers to ways of resolving disputes between consumers and traders that don't involve going to court ,common forms of ADR are - mediation ,where an independent third party helps the disputing parties to come to a mutually acceptable outcome.
11.Preemption :it occurs when ,by legislature or regulatory action ,a higher level of govt eliminates or reduces the authority of a lower level over a given issue .express preemption occurs when a law contains a preemption clause or other explicit preemptive language.
12.Burden of proof in civil and criminal cases : in criminal cases ,the burden of proving the defendant's guilt is on the prosecution and they must estasblish that fact beyond a reasonable doubt .in civil cases the plantiff has the burden of proving his case by a preponderance of this evidence.
13.Exclusionary rule mandates that evidence seized as a product of unlawful police activity ,absent some exception ,is not admissible in court.
14.1st amendment :congress shall make no establishment of religion ,or prohibiting the free exercise thereof ;or abridin g the freedom of speech ,or of the press ,or the right of the people peaceful to assemble ,and to petition the govt for a readress of grievances
15.oligarchy : a small group of people having control of a country or organization .these people might be noble,wealth,education or corporate ,religious or military control.
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