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8 Cards in this Set
- Front
- Back
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What is Law?
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Law consists of enforceable rules governing relationships between individuals and between individuals and their society.
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what are the four schools of jurisprudencial thought?
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1. The natural Law School
2. The Positivist School 3. The Historical School 4. Legal Realism |
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What are the four sources of American law?
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1. Constitutional Law
2. Statutory Law 3. Administrative Law 4. Case Law |
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What are the four classifications of law?
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1. Substantive Law
2. Criminal and Civil Law 3. Private and Public Law 4. Cyber Law |
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Define the Natural Law School of jurisprudential thought.
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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.
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Define the Positivist School of jurisprudential thought.
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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.
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Define the Historical School of jurisprudential thought.
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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.
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Define the Legal Realism School of jurisprudential thought.
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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.
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