Chapter 1 Flashcards
(22 cards)
What is private law?
disputes between private groups or individuals.
What is public law?
Law that involves suits between private groups or people and the government.
What is civil law?
rights and relationships between person to person
What is criminal law??
someone commits an act against the public as a whole.
What is constitutional law?
general limits and powers of the government as interpreted by the constitution.
What is a statue?
legislative action
what is a statutory law?
rules and regulations put forth by legislators.
what are uniform laws (model laws)?
Laws that account for variability among states.
what is a case law?
interpretations of law made by judges. AKA common law.
What are cases?
Judicial Opinions
what is precedent?
using past decisions to affect future decisions.
What is stare decisis?
“standing by decision” principle that says ruling made in higher courts are precedent for lower courts
What are restatements of law?
summaries of common law. Restatements do not carry the weight of law but can be used as a guide for cases.
what is administrative law?
collection of rules and decisions by admin agencies to fill in the details from the constitution and statues.
What is identification with the vulenerable?
idea that society should be fair. Pays attention to the poor the elderly and the ill.
what is historical school?
Uses tradition as the model for future laws and behavior. AKA tradition or custom.
What is legal realism?
context must be considered as well as the law.
what is a cost benefit analysis?
school of though which gives the costs and benefits a monetary value. Laws with highest ratio of benefits to cost are preferable to those with lower ratios.
What is WH approach to ethical decision making?
A set of ethical guidelines that urges us to consider whom an action affects, the purpose of the action, and how we view its morality.
What is values?
Positive abstractions that capture our sense of what is good and desirable.
What is the w in wh approach?
Who the stakeholders
What is the H in the WH approach?
How guidelines:
public disclosure
universalization
golden rule
