Tactical Overview & Introduction

Front 1

why are nations weak or strong
1.
2.
3.
4.
5.
6.

Back 1

1. dependency theory
2. natural resources
3. education and technology
4. climate
5. modern private market
6. law and legal system

Front 2

dependency theory

Back 2

economically strong countries exploit the resources and labor of weaker nations
some nations grow and flourish at the expense of keeping others economically poor

Front 3

natural resources

Back 3

nations are economically strong as a result of possessing large quantities of natural resources

Front 4

education and technology

Back 4

economically strong nations have an abundance of excellent schools and education systems

Front 5

climate

Back 5

economically strong nations have a climate advantage

Front 6

law and legal system

Back 6

an adequately enforced legal system with equally applied laws is increasingly regarded as the single most important element to the foundation of wealthy nations

Front 7

what does rule of law create
1)
2)
3)

Back 7

1) predictability
2) social stability
3) order

Front 8

Law

Back 8

set of rules established by the state and backed up by enforcement

Front 9

rule of law nations

Back 9

adopt laws supporting private marketplace
law applies to lawmakers as well as rest of society
this is in everyone's interest

Front 10

property

Back 10

legal right to exclude or keep others from interfering with what you own

Front 11

ways to apply the exclusionary rights
1)
2)
3)

Back 11

1) public property
2) private property
3) common property

Front 12

how do you acquire property
1)
2)
3)
4)
5)
6)

Back 12

1) gift
2) exchange
3) accession (changing from raw materials into finished goods)
4) confusion (owning a portion of an undivided mass)
5) first possession
6) adverse possession (openly occupying land owned by someone else)

Front 13

jurisprudence

Back 13

philosophies that explain origin, justification, meaning, and essence of law

Front 14

classifications of law
1)
2)
3)
4)

Back 14

1) civil law - common law
2) public law - private law
3) civil law - criminal law
4) substantive law - procedural law

Front 15

civil law
(civil law vs. common law)

Back 15

law based on statutory codification of law
Romano-Germanic

Front 16

common law
(civil law vs. common law)

Back 16

law based on written judicial decisions that establish precedent
Anglo-American

Front 17

public law
(public law vs. private law)

Back 17

law dealing with regulation of society
constitutional law
administrative law
criminal law

Front 18

private law
(public law vs. private law)

Back 18

law dealing with issues that concern private resource relationships
property law
contract law
tort law

Front 19

civil law
(civil law vs. criminal law)

Back 19

law dealing with private rights between people
torts and contracts
damages
punishments

Front 20

criminal law

Back 20

law dealing with offenses against society at large
prosecuted by government
results in punishment

Front 21

substantive law
(substantive law vs. procedural law)

Back 21

part of the law creating, defining and regulating rights, duties and power
the what

Front 22

procedural law
(substantive law vs. procedural law)

Back 22

the part of the law telling the methods/means for having rights or duties enforced
the how

Front 23

sources of law
1.
2.
3.
4.

Back 23

1. constitutions
2. legislation
3. administrative regulation
4. judicial decisions or case law

Front 24

sources of law
constitutions

Back 24

set forth fundamental rights
describe and empower government
set forth limitations on power
U.S. Constitution and individual state constitutions
hierarchy-- federal constitution is supreme

Front 25

sources of law
legislation

Back 25

laws by Congress or state legislature and local ordinances
uniformity
federal law preempts state
states adopt single law
interpretation
general language
courts must interpret statutory construction

Front 26

sources of law
administrative regulation

Back 26

rules or order by federal, state or local regulatory agencies

Front 27

sources of law
judicial decisions or case law

Back 27

decisions by courts that interpret and enforce laws or the common law
opinions - reasons
precedents
stare decisis
precedent and dicta
conflict of laws

Front 28

case law
advantages

Back 28

stare decisis
judges follow precedents
give certainty and predictability

Front 29

case law
disadvantages

Back 29

volume of cases
conflicting precedents
conflicts of law

Front 30

legal sanctions

Back 30

encourage/force compliance
prevention
benefit of society
punishment

Front 31

jurisprudence
natural law

Back 31

theory that the law contains universal moral principles which can be observed in nature

Front 32

jurisprudence
positive law

Back 32

the law is simply the commands of the state
the most simple form of morality

Front 33

jurisprudence
historical law

Back 33

theory that contemporary law should be based on principles that have withstood the best of time

Front 34

_______, ____________ and __________ provide a necessary foundation for successful modern business and establish maximum conditions for generating “wealth of nations”

Back 34

the Law
the rule of law
property

Front 35

private market

Back 35

many economists maintain that the single most important reason for a strong national economy is the private market

Front 36

Law is significant because it can _______

Back 36

bind together diverse groups
religion
customs
economics

Front 37

public property

Back 37

property owned by the government for public use and enjoyment

Front 38

private property

Back 38

resources that you would own as an individual

Front 39

common property

Back 39

resources that may be owned by more than one individual- jointly

Front 40

jurisprudence
natural law

Back 40

theory that the law contains universal moral principles which can be observed in nature

Front 41

jurisprudence
positive law

Back 41

law is simply the commands of the state
most simple form of morality

Front 42

jurisprudence
historical law

Back 42

theory that contemporary law should be based on principles that have withstood the test of time

Front 43

jurisprudence
sociological

Back 43

theory that the law should change to meet new developments in society

Front 44

jurisprudence
legal realism

Back 44

going beyond the mere words of law to see what is actually being done as the laws are enforced

Front 45

crime
public wrong
court punishes on behalf of society
consequences

Back 45

death
imprisonment
fine
removal
disqualification

Front 46

breach of contract
private wrong
failure to perform
consequences

Back 46

damages (money)
compensatory
consequential
rescission
specific performance

Front 47

tort
civil wrong (other than breach of contract)
intentional
negligence
strict liability
remedies

Back 47

compensatory damages (money)
punitive damages (exemplary damages)