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20 Cards in this Set
- Front
- Back
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Law is reason unaffected by desire
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aristotle's definition of law
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Law embodies the story of a nation’s development through many centuries
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Holmes definition of law
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That rule of action which is prescribed by some superior and which the inferior is bound to obey
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blackstone's definition of law
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A body of rules of action or conduct prescribed by the controlling authority, and having legal binding force
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black's law dictionary
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Rules Enacted By a Government Authority That Govern Individuals and Relationships in Society
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law
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Enacted by some authorized government body. Example: Federal securities laws
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public law
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Enacted by private individuals
Example: the terms of a lease agreement |
private law
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are wrongs against society
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criminal laws
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are wrongs against individuals
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civil laws
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Gives rights and responsibilities
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Substantive
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Means or procedures for enforcing substantive rights
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Procedural
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Began in England in 1066 and continues today
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where common law began
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“let the decision stand
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stare decisis
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-Passed by governmental body
-Also known as Codified Law |
Statutory Law
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In common law England, remedies were separated into ----------- and ---------------- remedies
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legal, equitable
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What are do legal remedies and equitable remedies deal with?
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Legal = money
Equitable = injunctions, specific performance |
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Today ------- are authorized to award legal or equitable remedies
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all courts
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Keeping Order
Influencing Conduct Honoring Expectations Promoting Equality Law as the Great Compromiser |
purposes of law
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as society changes, the law must change with it.
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flexibility
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Courts of equity can issue orders, known as ----------, prohibiting certain conduct or odering certain acts.
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injunctions
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