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18 Cards in this Set

  • Front
  • Back
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)
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
Nature of Law
Legal Sanctions
are means by which the law enforces the decisions of the courts
Nature of Law
Law and Morals
are different but overlapping; law provides sanctions, while morals do not
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
Classification of Law
Substantive and Procedural Law
Substantive Law
law creating rights and duties
Classification of Law
Substantive and Procedural Law
Procedural Law
rules for enforcing substantive law Public and Private Law
Classification of Law
Substantive and Procedural Law
Public Law
law dealing with the relationship between government and individuals
Classification of Law
Substantive and Procedural Law
Private Law
law governing the relationships among individuals and legal entities
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
Classification of Law
Civil and Criminal Law
Criminal Law
law establishing duties which, if violated, constitute a wrong against the entire community
Sources of Law
Constitutional Law
fundamental law of a government establishing its powers and limitations
Sources of Law
Judicial Law
Common Law
body of law developed by the courts that serves as precedent for determination of later controversies
Sources of Law
Judicial Law
Equity
body of law based upon principles distinct from common law and providing remedies not available at law
Sources of Law
Legislative Law
statutes adopted by legislative bodies
Sources of Law
Legislative Law
Treaties
agreements between or among independent nations
Sources of Law
Legislative Law
Executive Orders
laws issued by the president or by the governor of a State
Sources of Law
Administrative
Law body of law created by administrative agencies to carry out their regulatory powers and duties