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LEGL 2700 Test 1 (Hackleman)/109 Questions with Answers
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LEGL 2700 Test 1 (Hackleman)/109Questions with Answers
CHAPTER 1 - -:0
-3 concepts of a functioning market: - -...
-1) Law - --Glues together diverse peoples of different backgrounds into
large, organized groups
-Laws are rules laid down by the state and backed up by enforcement (i.e
police and court system)
-2) The Rule of Law - --Laws that are made are generally & equally
applicable to everyone
-It is an ideal rather than complete fact
-Mostly followed by wealthy and developed countries
-3) Property - --Aka "ownership" or "legal fence"
-The right to turn to public authorities to help keep others from interfering
with what you own
-3 types of property: - -...
-1) Public Property - -public resources owned by gov't (i.e roads,
monuments)
-2) Private Property - -individually owned (i.e house, car)
-3) Common Property - -resources like land that more than one individual
owns jointly.
-Jurisprudence - -philosophies that explain origin of law and its justification
-Natural Law - -law contains universal moral principles, can be determined
through human reason
-Positive Law - -law is simply the commands of the state backed by
punishments and force (contrary to natural law)
-Historical School - -emphasizes contemporary law should focus on law that
have withstood the test of time
-Sociological Jurisprudence - -law should change to meet developments in
society
, -Legal Realism - -law should extend beyond the paper and meet the needs
of real life situations, i.e. Atlanta's I-285 speed limit is 65mph, but everyone
goes 80mph
-Classifications of Law: - -1) Common law & Civil law
2) Public & Private law
3) Civil law & Criminal law
4) Substantive law & Procedural law
-Common law v. - -emphasizes the role of judges in determining the
meaning of laws and how they apply. Based off of English Parliament.
-Civil law - -relies more on legislation than judicial decisions to determine
what the law is. Civil law courts do not make law nor do their judges think
themselves obligated to follow prior judicial decision (precedents)
-Public law v. - -includes matters that involve the regulation of society.
Types of public law:
1) Constitutional- involves the interpretation and application of either federal
or state constitutions
2) Administrative- covers legal principles that apply to government agencies,
bureaus, boards, or commissions
3) Criminal- specifies various offenses against proper order of state
-Private law - -covers those legal problems and issues that concern your
private resource relationships with other people. Types of private law:
1) Property law- involves recognition of exclusive right in both tangible and
intangible resources. Concerns land, goods, copyrights, trademarks, patents,
and trade secrets
2) Contract law- covers rules of how owners transfer resources by
exchanging them.
3) Tort law- establishes rules for compensation when an owner's legal
boundaries are wrongfully crossed by another. Actual injury to owner's
resources is usually the case.
-Civil cases - -include suits for breach of contract or tort cases, such as
personal injuries.
-Criminal cases - -involve a representative of gov't attempting to prove the
wrong committed against society and punish them with the court system.
-Substantive law - -defines the legal relationship of people with other
people or between them and the state.
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