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18 Cards in this Set
- Front
- Back
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Nature of Law
Definition of Law |
“a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong” (Blackstone)
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Nature of Law
Functions of Law |
to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change
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Nature of Law
Legal Sanctions |
are means by which the law enforces the decisions of the courts
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Nature of Law
Law and Morals |
are different but overlapping; law provides sanctions, while morals do not
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Nature of Law
Law and Justice |
are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good
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Classification of Law
Substantive and Procedural Law Substantive Law |
law creating rights and duties
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Classification of Law
Substantive and Procedural Law Procedural Law |
rules for enforcing substantive law Public and Private Law
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Classification of Law
Substantive and Procedural Law Public Law |
law dealing with the relationship between government and individuals
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Classification of Law
Substantive and Procedural Law Private Law |
law governing the relationships among individuals and legal entities
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Classification of Law
Civil and Criminal Law Civil Law |
law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity
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Classification of Law
Civil and Criminal Law Criminal Law |
law establishing duties which, if violated, constitute a wrong against the entire community
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Sources of Law
Constitutional Law |
fundamental law of a government establishing its powers and limitations
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Sources of Law
Judicial Law Common Law |
body of law developed by the courts that serves as precedent for determination of later controversies
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Sources of Law
Judicial Law Equity |
body of law based upon principles distinct from common law and providing remedies not available at law
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Sources of Law
Legislative Law |
statutes adopted by legislative bodies
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Sources of Law
Legislative Law Treaties |
agreements between or among independent nations
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Sources of Law
Legislative Law Executive Orders |
laws issued by the president or by the governor of a State
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Sources of Law
Administrative |
Law body of law created by administrative agencies to carry out their regulatory powers and duties
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