LES 305 exam 1 With Questions And 100% ALL DETAILED CORRECT ANSWERS
Terms in this set (107)
a body of rules of action or conduct prescribed by the controlling authority and having legal
law
binding force
laws by some authorized governmental body. ex- state and federal constitution laws, county
public laws and example
taxation statutes
private law and example between 2 individuals. ex- landlords have regulations for their tenants
- An area of law that focuses on people's rights and responsibilities as they are owed to each
other and to the state.
substantive law
- dictates the kind of punishment that someone may receive
ex. deal with whether a murder was committed in self-defense
- provides the means for enforcing substantive rights.
- guides the state on how best to enforce substantive laws
procedural law -rules that a court will consider when determining how best to handle a civil or criminal court
proceeding
ex. arraignments, pleas, or grand jury proceedings
LES 305 exam 1
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, - principle that courts follow to decide legal cases by using legal principals adopted in earlier
stare decisis court cases
- means "let the decision stand"
- a common system of law for everyone based on prior court decisions
common law
-began in England and still exists today (non statutory law) adopted by courts in US
- passed by a gov't body; appears in written form, laws enacted by the legislative
statutory law - ex. A police officer pulls you over, and you are given a citation for violating the speed limit. You
have broken a vehicle and traffic law. tat
statute a written law passed by a legislative body
body of law that attempts to do justice when the law does not provide an adequate remedy, or
equity when the application of law is terribly unfair. they can issue injunctions to give victim
compensatation
- Court orders that prohibit a certain activity
injunctions - obtain a legal remedy other than money damages.
ex. restraining order
is a tool used by lawyers to summarize a case and focus on its facts and key points of the
a brief
decision by the court
meaning 'wisdom of law'. having different theories or value bases for law.
jurisprudence
ex. court and trial system used to administer law and justice
constitutions are not ____ because ... constitutions are not statutes because they cannot be added to , amended, or repealed.
A model law created by the National Conference of Commissioners on Uniform State Laws
and/or the American Law Institute for the states to consider adopting. If the state adopts the law,
uniform laws
it becomes statutory law in that state. Each state has the option of adopting or rejecting all or
part of a uniform law.
he body of laws governing commercial transactions in the US.
uniform commercial code
ex. contracts for the sale of goods
statutes within their area of power or control.
ordinances
ex- curfews, loitering, dog licensing
guiding principle in determining the procedure to be followed in an international. commercial
party autonomy arbitration.
LES 305 exam 1 - right of parties to determine privately their choice of law
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