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20 Cards in this Set

  • Front
  • Back
Private Law
Involves disputes between private indivs or groups
public law
involves disputes between private indivs or groups and the government
civil law
involves rights and responsibilities involved in relationships between persons and persons and the government. also involves rights violations
criminal law
involves incidents in which someone commits an act against the public as a unit.`
statutory law
the assortment of rules and regs put forth by legislators
uniform laws
serve as a basis for some statutory law at a state level
Uniform Commercial Code
body of law that is very significant for business activities
case law
collection of legal interpretations made by judges. also called common law
precedent
use of past decisions to guide future decisions
stare decisis
standing by the decision
Restatement of the Law
summaries of common law rules in a particular area of law. these are enacted in most states
administrative law
collection of rules and decisions by administrative agencies (OSHA, etc).
treaties
binding agreement between two states or international orgs. may be called many things.
Schools of jurisprudence
common guides to legal interpretation
natural law
the idea that there are certain ethical laws that are morally right and 'above' the laws. that humans make. Humans may disobey human laws to follow these natural laws
Legal positivism
urges us to design a legal system on the basis of the belief that authority deserves obedience when it issues a rule
identification with the vulnerable
tied closely to the pursuit of fairness. protect those who cannot protect themselves
historical school: tradition
follow what others who faced similar problems before us did.
Legal realism
based on the idea that judges need to consider more than just law
cost-benefit analysis
choosing the legal decision that maximizes the ratio of benefits to costs.