LAW 308

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Author:
schmidty427
ID:
174521
Filename:
LAW 308
Updated:
2012-09-30 17:27:36
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LAW
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Description:
LAW REVIEW EXAM CH 1
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  1. LAW definition
    "A rule of civil conduct prescribed by the supreme power in a s tate, commanding what is right, and prohibiting what is wrong." (William Blackstone)
  2. In civil law, who sues who?
    Aggrived individuals (plantiff) sues another person (defendant).
  3. How many purposes are there to sueing in civil law? And what are they?
    There are two pursposes, they are compensation and detterence.
  4. Functions of law
    to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simoltaneously permitting ordered change.
  5. Laws and Morals
    These are different but overlapping. Difference is that Law provides sanctions while morals do not.
  6. Law and Justice
    These are seperate and distict concepts. Justice is the fair, equitible and impartial treatment of competing intersests with due regard for the common good.
  7. Substanitive Law
    law creating rights and duties
  8. Procedural Law
    rules for enforcing substanitve law
  9. Pulic Law
    law dealing with the relationship between government and individuals
  10. Private Law
    Law governing the relationships among individuals and legal entities
  11. Civil Law
    Law dealing with rights and duties, the violaiton of which consitiutes a wrong against an individual or other legal entity.
  12. Criminal Law
    Law establishing duties that, if violated, constitute a wrong against the entire community.
  13. Constitutional Law
    fundamental law of a government establishing its powers and limitations.
  14. Judicial Law - Common Law
    body of law that developed by the courts that serves as precedent for determination of latter controversies.
  15. Judicial Law - Equity
    Body of law based upon principals distinct from common law and providing remedies not available at law.
  16. Legislative Law
    statutes adopted by legislative bodies
  17. Legislative - treaties
    agreements between or among independent nations
  18. Legislative - Executive Orders
    laws issued by the President or by the governor of a state.
  19. Administrative Law
    Created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the reglatory powers and dutites of those agencies.

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