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19 Cards in this Set
- Front
- Back
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What is the purpose of law? 3 reasons
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Sets the minimal exceptable behavior, stability, and predictability
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2 sources of Law and examples?
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social values- our laws come from societies values ie pot or speeding, power- certain groups in america have more power and use it to benefit themselves
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What is the Anglo-American tradition?
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The colonists who came here brought the english system, and we removed the laws that didn't make sense
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What was the impact of the revolution on american laws?
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It limited the governments involvement, we wanted less central government
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What did the US constitution do for the american law?
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The constitution is what empowers the government, but it was written so the government would not have to much power, they can't work outside the consitiution
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Whats the supremacy clause?
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it says the constitution is the law of the land
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Separation of powers what did it do?
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judicial executive, legislative- to change anything everyone has to change
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3 things the constitution did?
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supremacy cause, the separation of powers, and powers reserved into the state
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define common law
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finds meaning of statues, If a judge is unsure about a case they can look at earlier cases to apply a consistent ruling
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why do we have administrative agencies?
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inorder to regulate the government instates agencies, EPA FDA FAA
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These laws are based on a harm to society saying societies laws are broken
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Criminal laws
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If someone takes actions that harm others, they get money though suing
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civil laws
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whats a court with equity
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is a court that is authorized to apply principals of equity
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What are ethics?
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they help you feel better, they help you make right and wrong decisions
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2 kinds of ethical analysis?
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duty based analysis and utilitarianism
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What is a duty based analysis?
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every human has rights, you have a duty to respect their rights
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whats a stakeholder when talking about a duty based analysis?
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any person affected by your decisions
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what Kants categorical Imperative?
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if everybody did this, would it be a good thing or bad thing?
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What is utilitarianism?
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what acts create the greatest good for the most people? its called the cost benefit analysis
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