Review 1 Section 1 Flashcards

(5 cards)

1
Q

Purposes of Law

A

Enforceable rules of conduct that govern commercial relationships. Four principal ones are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.

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2
Q

Classifications of Law (several different ways to classify/categorize the law)

A

Every type of law will either be substantive or procedural, civil or criminal.
Private law - Involves disputes between private individuals or groups
Public law - Involves disputes between private individuals or groups and their government
Substantive - Consists of all laws that define, describe, regulate, and create legal rights and obligations.
Procedural - Consists of all laws that outline the methods of enforcing the rights established by substantive law.
Civil law - Spells out the rights and duties that exist between persons and their governments, as well as the relief available when a person’s rights are violated.
Criminal - Is concerned with wrongs committed against the public. Criminal acts are defined and prohibited by local, state, or federal government statutes.

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3
Q

Sources of Law

A

Primary sources of law: Those that establish the law such as constitutions, statutes, and regulations.
Secondary sources of law: Summarize and clarify the primary sources of law.
Constitutional law: Fundamental law of land. Not a lot of change also interpretations of supreme law of land
Statutory law: Written will of legislative body detailed Congress courts interpret ordinances. Basically, written law passed by a body of legislature.
Administrative law: The body of law that regulates the operation and procedures of government agencies.
Case law: The law as established by the outcome of former cases.
Common law: Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. American law is based largely on this. Stare decisis is stand on decided cases. Judges must follow the precedents in previous cases.

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4
Q

Administrative Agencies (how created; examples of, etc.)

A

An organization set up by a federal or state government to manage a particular aspect of the law. Ex. Environmental Protection Agency, Central Intelligence Agency.

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5
Q

Structure of the Constitution

A

First is the preamble, goals and purpose of government. Second is the seven articles that describe the structure of the government. Third is the 27 amendments.

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