Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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.
|