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8 Cards in this Set

  • Front
  • Back
What is Law?
Law consists of enforceable rules governing relationships between individuals and between individuals and their society.
what are the four schools of jurisprudencial thought?
1. The natural Law School
2. The Positivist School
3. The Historical School
4. Legal Realism
What are the four sources of American law?
1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Case Law
What are the four classifications of law?
1. Substantive Law
2. Criminal and Civil Law
3. Private and Public Law
4. Cyber Law
Define the Natural Law School of jurisprudential thought.
The Natural law is a system of moral and ethical principles that are believed to be inherent in human nature and discoverable by humans through the use of their natural intelligence.
Define the Positivist School of jurisprudential thought.
Legal positivists believe that there is no higher law than a nation's positive law (the law created by a particular society at a particular point in time). The law is the law and it must be obeyed.
Define the Historical School of jurisprudential thought.
Followers of this school focus on legal principles that have been applied in past cases, emphasizing that those principles should be applied strictly in present cases.
Define the Legal Realism School of jurisprudential thought.
Legal realists believe that in making decisions, judges are influenced by their own beliefs, the application of principles should be tempered by each case's circumstances, and extra-legal sources should be consulted.