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LEGL 2700 ROESSING TEST 1/128 QUESTIONS WITH ANSWERS
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LEGL 2700 ROESSING TEST 1/128 QUESTIONS WITH ANSWERS
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LEGL 2700 ROESSING TEST 1/128QUESTIONS WITH ANSWERS
Law - -made up of rules laid down by state and backed by enforcement
-written social force
-mean nothing w/o enforcement
-Rule of Law - --laws are made generally and apply to everyone equally
-necessary for strong and diverse economies
-transparency in business
-Property - -ownership-allows you to exclude others without your permission
-Common Property - -resources like land that multiple people own
-Contract Law - -enables an owner to exchange resources (bills of sale,
employment agreements)
-Tort Law - -compensates owners whose resources are wrongfully harmed
by the actions of others (trespassing, assault, etc)
-Criminal law - -punishes those who harm owners property
-about deterrence, not compensation
-jurisprudence - -the philosophy of law
-natural law jurisprudence - -universal moral principles, evident in
nature/human reason
-positive law jurisprudence - -command of the state backed by force and
punishment
-criminal code
-historical school of jurisprudence - -legal principles that have stood the test
of time
-sociological jurisprudence - -law should change w society
-legal realism jurisprudence - -goes beyond words of law and looks at law
enforcement and how they work
-common law - -emphasizes the role of judges in determining law meaning
-civil law - -relies on legislation to determine what the law is
, -public law - -constitutional law
administrative law
criminal law`
-private law - -property law
contract law
tort law(suing)
-substantive law - -legal relationship between people and state
-what you can and cant do
-procedural law - -methods and means by which substantive law is made
and administered
- tells you what happens when a law is broken, sanctions
-federal law - -constitution > legislation(acts,statutes,codes) >
administrative law(EPA, protect business) > state law
-state laws - -below federal law,
-state constitutions
-state statutes
-state administrative regulation
-local ordinances in cities
-case law
-case law - -judicial decisions
-stare decisis - -follow precedent
-disadvantages of case law - -1. volume of cases
2. conflicting precedents- no confidence in certainty of law
3. dicta
4. rejection of precedent
5.conflicts of law (different state laws)
-dicta - -whatever extra was said in court but not influential to the decision
-2nd ammendment - -right to bear arms shall not be infringed
-legal SANCTIONS - -methods to encourage or force compliance and
obedience in the law
preventive function
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