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17 Cards in this Set
- Front
- Back
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The Declaration of Independence is an example of positive law. T/F? |
True |
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What is positive law? |
human made law that specifies an action and describes specific rights of an individual or group |
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The US Constitution is considered to be a primary source of natural law in the American legal system. T/F? |
True |
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What is natural law? |
law is determined by nature |
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The Natural Law tradition is concerned with articulating universal moral principals that may derive from either theological sources or human reasoning. T/F? |
True |
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Friedman discusses primary and secondary rules and writes the legal system has structure, substances, and impact. T/F? |
True |
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What does the spirit of law refer to? |
the intent of the parties crafting a particular law |
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The Rule of Law is when the laws apply equally to everyone in society. T/F? |
True |
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The US constitution is an example of what type of law? |
positive |
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Hobbes used the metaphor of the "state of nature" as |
so that you can imagine how society operates without formal government |
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What is the social contract theory? |
John Lockes concept of government based on the consent of the governed is a central idea for his political theory |
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What is another term for "judge made law"? |
Common Law |
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The doctrine of stare decisis literally means |
"let the decision stand" |
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A class action is |
a type of civil lawsuit and criminal lawsuit |
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Tort Law |
Concerns disputes arising from private injuries to individuals generally |
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Doctrinal study of law |
the content of the legal rules themselves |
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The doctrine of judicial review is |
the review of laws passed by legislative bodies on the basis of their constitutionality |
