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LEGL 2700 FINAL EXAM STUDY GUIDE SOLUTIONS

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LEGL 2700 FINAL EXAM STUDY GUIDE SOLUTIONS Law - ANSWER-intended to tell members of a society what they can and cannot do made of of rules and these rules are laid down by the state and backed up by enforcement Rule of Law - ANSWER-laws that are made generally and equally applicable apply to ...

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LEGL 2700 FINAL EXAM STUDY
GUIDE SOLUTIONS

Law - ANSWER✔✔-intended to tell members of a society what they can and cannot do

made of of rules and these rules are laid down by the state and backed up by

enforcement

Rule of Law - ANSWER✔✔-laws that are made generally and equally applicable

apply to all members of society / nobody is above the law

Property - ANSWER✔✔-ownership

the right to turn to public authorities to help you keep others from interfering with

what you own

private (own as an individual)

common (joint ownership like land)

Exclusionary Right - ANSWER✔✔-property included an ownership of individual

constitutional and human rights in ourselves that excludes the state from interfering

with these rights (John Locke)

Jurisprudence - ANSWER✔✔-philosophies of law

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,natural, positive, historical, sociological, legal realism

Natural Law - ANSWER✔✔-law contains universal moral principles

observable in nature and determined through human reason

John Locke

formalism

Positive Law - ANSWER✔✔-the commands of the state backed by force and

punishment

Jeremy Bentham

consequentialism

Historical School - ANSWER✔✔-emphasizes that contemporary law should focus on

legal principles that have withstood the test of time in a nation

different nations may have different traditions and laws

Friedrich Savigny

Sociological Law - ANSWER✔✔-law can and should change to meet new developments

ex: 2nd Amendment was written when a person that was highly trained only had

means of a 25lb rifle that could only fire 2 rounds a minute

Legal Realism - ANSWER✔✔-enforce, interpret, and apply

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,"law is what officials do about it"

ex: speed limit

Classifications of Law - ANSWER✔✔-common law vs. civil law

public law vs. private law

criminal law vs. civil law

substantive law vs. procedural law

Common Law - ANSWER✔✔-emphasizes the roles of judges in determining the

meanings of laws and how they apply

judicial decisions become precedents

judges can invalidate legislation

Civil Law - ANSWER✔✔-relies more on legislation than judicial decisions for law

similar to common in that courts decide the facts in a disputed case BUT these courts do

not necessarily follow precedents

judges don't play as large of a role

Public Law - ANSWER✔✔-includes matters that involve the regulation of society

government official represents the people

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, constitutional law: involves interpretation and application of either federal or state

constitutions

administrative law: covers the legal principles that apply to government agencies

criminal law: specifies various offenses against the proper oder of the state

Private Law - ANSWER✔✔-covers those legal problems and issues that concern your

private resource relationships with other people

property law: involves recognition of exclusive right in tangible and intangible

resources

contract law: covers the rules of how owners transfer resources by exchanging them

tort law: establishes rules for compensation when an owner's legal boundaries are

wrongfully crossed

Criminal Law - ANSWER✔✔-involve a representative of government attempting to

prove the wrong committed against society

involves punishment of wrongdoer

Civil Law - ANSWER✔✔-may include suits for breach of contract or tort cases

involves a request for damages or appropriate relief that does not involve punishment

of wrongdoer

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