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17 Cards in this Set

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  • Back
  • 3rd side (hint)
Definition of Law
“a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong” (Blackstone)
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 simultaneously permitting ordered change
Legal Sanctions
are means by which the law enforces the decisions of the courts
Law and Morals
are different but overlapping; ____ provides sanctions, while ____ do not
Law and Justice
are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good
Without law there can be not justice but law is no garantee for justice.
Substantive and Procedural Law
1 law creating rights and duties
2 rules for enforcing substantive law
1 Substantive Law
2 Procedural Law
Public and Private Law
1 the law dealing with the relationship between government and individuals
2 the law governing the relationships among individuals and legal entities
Public Law
Private Law
Civil and Criminal Law
1 law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity
2 law establishing duties which, if violated, constitute a wrong against the entire community
Civil Law
Criminal Law
Constitutional Law
fundamental law of a government establishing its powers and limitations
Judicial Law
Common Law body of law developed by the courts that serves as precedent for determination of later controversies
Equity body of law based upon principles distinct from common law and providing remedies not available at law (When no remedy exists in common law equity provides its own remedies)
Common Law Body
Equity body of law
Legislative Law
statutes adopted by legislative bodies
agreements between or among independent nations
Executive Orders
laws issued by the president or by the governor of a State
Law body of law created by administrative agencies to carry out their regulatory powers and duties
the five remedies available in Equity
Specific persormance
Sources of LAW
Federal and stated constitutions.
Federal Treaties
Federal/State Statutes
Executive order
Ordinances of local municiple goverment
Rule and Regulation of federal and state administrative agencies
Federal and state decisions
Why is there a difference between the treatment of cases brought under civil law and those brought under criminal law? Should there be a difference?
The reason there is a difference between the treatment of cases brought under civil law and those brought under criminal law is because fundamentally civil law is concerned with disputes that involve some harm, loss or injury to an individual or their property. Furthermore, civil law is concerned with compensating the victim. Unlike civil law criminal law involves punishing and rehabilitating the offender in an effort to protect society. Also, in criminal law the court must determine whether one party has violated a law that prohibits some type of activity. Criminal law case deal with wrongdoings against society as a whole.