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15 Cards in this Set

  • Front
  • Back

Legal Formalism

Law is a "body of rules", should be treated like science or math ex. one right or wrong answer, formulas, judges should scientifically apply precedent and not make social policy

Legal Realism

the theory that the law is determined by what actually happens in the courts as judges interpret and apply the law.. realistic not theoretical (opposite of legal formalism)

Critical Legal Studies

support of the interests of the people in power, can be a powerful instrument of oppression and injustice

(Env.Law) Lobbying

actions people take to try and influence legislation "lobby the gov't"

(Env. Law) Sustainable Development

leave enough resources for the future

(Env.Law) Balance of probabilities

the standard of proof required for the believability of an argument

(Env.Law) Precautionary principle

if the action has many negative effects, they can't do it

(Env.Law) Polluter-pays principle

environmental principle that states the cost of polluting the environment be directed to those responsible for the pollution

(Env.Law) Due diligence

the defendant acted as any reasonable person did in the circumstances

(Env.Law) Tort law

sue someone for damages for lots of money

(Env.Law) Injunction

remedy granted by the court directing a party to continue or refrain from an action

(Env.Law) Nuisance

allows a plaintiff to sue if there is unreasonable interference of the use of enjoyment on a property

sovereign

independent, self-governing land

5 functions of LAW

1. to establish rules of conduct


2. provide system of enforcement


3. protect rights and freedoms


4.protect society


5.resolve disputes

UN Security Council

Russia, USA, Britain, France, China