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MIE 305 Exam 1|100 Complete Questions and answers
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MIE 305 Exam 1|100 CompleteQuestions and answers
Law - -A regime that orders human activities and relations through
systematic application of the force of politically organized society, or through
social pressure, backed by force
Requires systematic application of force, needs to be predictable, routinized
and faithfully enforced
-Law Merchant - -medieval legal system prevalent in Europe that
established practical rules of commerce and trade
-Equitable Remedies - -any form of relief that does not involve a request for
monetary damages
EX: trademarks, restraining orders
-stare decisis - -Let the decision stand; decisions are based on precedents
from previous cases
-Ratio decidendi - -The rule of law in which a judicial decision is based on
-res judicata - -"The thing has been decided." A claim cannot be retried
between the same parties if it has already been legally resolved.
-Dicta - -statements made in a judicial opinion that are not essential to the
decision of the case
-CLASSIFICATION SCHEMES - -
-Substantive Law - -laws that regulate and control the rights and duties of
persons and are used to resolve disputes
-Procedural Law - -Procedural Law: laws that establish the process by which
litigation is conducted
Ex: Procedure is the conduct of the trial in an agreement breach
Ex 2: The enforceability of the agreement and the plaintiff's right to a
remedy are matters of substance
-Public Law - -includes those bodies of law that affect the public generally;
can be further divided into three general categories
, -Constitutional Law - -Falls under Public Law: concerns itself with the rights,
powers, and duties of federal and state governments under the US
Constitution and the constitutions of the various states
-Administrative Law - -Falls under Public Law: concerned with the multitude
of administrative agencies, such as Federal Trade Commission and the
National Labor Relations Board, and their rulemaking and rule enforcement
powers within government
-Criminal Law - -Falls under Public Law: consists of legally enforceable rules
that forbid certain conduct as being detrimental to the welfare of the state or
the people generally, and provides punishment for their violation
-Private Law - -body of law that pertains to the relationships between
individuals in an organized society; contracts, torts property
-Civil Law/Code Law - -a system of law based on legislation or codes, as in
the European system of codified law.
-Common Law - -A legal system based on custom and court rulings
-Civil Law - -deals with the disputes between individuals, organizations, or
between the two, in which compensation is awarded to the victim.
-Criminal Law - -consists of legally enforceable rules that forbid certain
conduct as being detrimental to the welfare of the state or the people
generally, and provides punishment for their violation
-Vago's Purpose and Functions of Law - -1) Explicit Rules of Conduct
2) Planned use of sanctions to support the rules
3) Designated officials to interpret and enforce the rules and often make
them
-Dispute Resolution - -The law settles disagreements that arise between
parties and imposes responsibility if one party has a valid, legal claim
against another.
-Social Change Function of Law - -Purposive, planned and erected social
changed initiated/guided/supported by the law.
-Consensus POV - -Considers law as a neutral framework for maintaining
social integration
- Law must be impartial judge of dispute between two parties
-Conflict POV - -Considers society as consisting of individuals and groups
characterized by conflict and dissension and held together by coercion
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