Reading...
Play button
Play button
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;
31 Cards in this Set
- Front
- Back
|
a. principles applied by courts
|
laws and decisions
|
|
|
b. social control
|
anti-smoking bans, drinking laws
|
|
|
c. justice
|
fair reward or punishment
|
|
|
d. definition
|
a system of rules that is usually enforced through a set of institutions
|
|
|
e. jurisprudence
|
study of the philosophy of law
|
|
|
3. schools of legal thought
|
a. natural law
b. positivism c. historical school d. legal realism and the sociological school: e. economic school |
|
|
a. natural law
|
laws are related to universal moral and ethical principles that are inherent in human nature. Nazi germany
|
|
|
b. positivism
|
laws created by government are the highest and must be followed, even if unjust
|
|
|
c. historical school
|
law evolves…it develops due to the spirit of the people
|
|
|
d. legal realism and the sociological school
|
law is shaped by social forces and needs. Law is what judges say it is. An unenforced law is no law at all.
|
|
|
e. economic school
|
laws develop as a result of rational people trying to maximize the welfare of society.
|
|
|
4. sources of American law
|
a. constitutions
b. statutory law –criminal codes c. administrative law –laws created by agencies such as OSHA d. case law (judicial decisions) –judges interpret law |
|
|
a. common law
|
judge made law from England
we adopted it and modified it to some degree |
|
|
b. civil law
|
deals with the rights and duties that exist between persons and between persons and their government.
Plantiff v defendant lawsuits Burden on plaintiff to prove case by a preponderance of the evidence (1/2) |
|
|
preponderance of the evidence
|
b. civil law
|
|
|
c. criminal law
|
deals with wrongs committed against society
burden on the state to prove defendant guilty beyond a reasonable doubt |
|
|
d. substantive law
|
law that defines, describes, regulates, and creates legal rights and duties
what you can and cannot do – traffic laws |
|
|
e. procedural law
|
laws that establish the methods of enforcing the substantive laws
|
|
|
6. stare decisis
|
look to the decided cases…use precedents)
lower courts must follow the decisions of higher court in similar circumstances |
|
|
a. exceptions -- stare decisis
|
1. unjust
2. poorly reasoned 3. changing times |
|
|
3. changing times
|
does the doctrine of charitable immunity apply to paying patients in charitable hospitals? Court rules that she wins because hospitals are now businessess
NOLAN –trial court granted motion to dismiss sup ct totally got rid of charitable immunity |
|
|
2. poorly reasoned
|
roe v wade should have been left up to the states to decide
|
|
|
1. unjust
|
brown v board overruled an earlier supreme court decision – plessy v ferguson
|
|
|
1. compensatory damages
|
money intended to put the plantiff in the condition h/she would be in if the action had not happened
|
|
|
2. punitive damages
|
to punish the defendant who has acted with a willful and wanton disregard for people or property
money over and above compensatory damages |
|
|
8. equitable relief
|
when money isn’t the issue
|
|
|
a. rescission
|
undoing a contract. EX a 12 yr old buys car on credit
|
|
|
b. injunctions
|
a court order directing a party to do or to refrain from doing something EX fence on neighbors property or preventing parade
|
|
|
c. specific performance
|
ordering a party to complete a contract for a unique item EX painting or land
|
|
|
a. restraintist
|
conservative and do not create law – interpret law
|
|
|
b. activist
|
try to correct societies problems through the courts
|
