MSU GBL 385-EXAM 1 BEHAN
Questions and Answers
Objectives of law
✓ ~~~law exists to influence behavior
✓ Hammurabi--in one of the oldest law codes known to man opined that "law exists to
protect the weak from the strong"
As a society we criminalize behavior that we wish not to tolerate and in that way we
seek to deter or influence certain behavior; we do the same with civil law.
statutory law
✓ ~~~Our legal representatives pass laws (both civil and criminal) in the form of statutes
and codes
common law
✓ ~~~Court's make law in the way that they interpret law - we call this case law. We
adopted the common law from England and we have added to it over the past 230+
years. Many of the "rights" that we hold dear to us come from the common law (case law)
- 'right to privacy'
precedent
✓ ~~~an earlier event or action that is regarded as an example or guide to be considered in
subsequent similar circumstances.
(stare decisis)
criminal law
, ✓ ~~~statutory in nature.
Civil Infractions
Not Considered Crimes (limited to fines)
Two basic types of crimes:
Felonies: imprisonment of more than one year; death penalty
Misdemeanors: imprisonment of one year of less
civil law
✓ ~~~Anything that is not criminal in nature.
The idea behind civil law is that civil law allows for people to live together, work
together, and rely upon each other in a more orderly and civilized manner.
Whether we embrace the idea or not, we all rely upon each other in one fashion or
another- we place our safety and safety of our families in each others hands on a
daily basis. Civil law is the law of contracts, and property, and torts, and
employment, and divorce, and inheritance, and tax - AND SO MANY OTHERS
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