Flashcards in Chapter 1 Deck (12):
What is law?
All the rules of conduct established by the authority or custom of a nation. A system of rules that govern society .
What is common law?
Judge-made law; precedent; discovered law
In common law, a court may do three things. What are they?
1. Modify the precedent
2. Distinguish the precedent
3. Overrule the precedent
What is the law of equity?
○ Judge-made law focused on outcomes that are fair or equitable
○ Judge has more flexibility, and the judge can take preventative measures, like prior restraint
What is statutory law?
1) Law made by legislative bodies.
2) Deal with broad issues
What is administrative law?
Rules, regulations and guidelines promulgated by duly established administrative agencies
What is constitutional law?
○ The constitutions of the 50 states, the territories, local charters and the U.S. Constitution
○ People who have reference for the Constitution believe in higher law. Everyone believes in a higher law. For instance: people of faith believe in God, or, people who don't have faith still believe in right and wrong
What is international law?
Treaties and other covenants
What are the rights of the Bill of Rights?
Freedom of speech, press, religion, assembly, petition
What are the values of the Bill of Rights?
• It protects an extension of the thought process
• It adds stability to society
• It allows fuller participation in government
•It encourages the search for truth and knowledge
What happened after the American Revolution?
The Articles of Confederation were adopted.