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BLAW 265 Study Guide Exam 1
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- BLAW 265 Study Guide Exam 1
BLAW 265 Study Guide Exam 1
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BLAW 265 Study Guide Exam 1Legal rules require people to conform their behavior to a particular standard.
To be valid you need - - legal authority, general application, and sanctions
for failure to comply.
- Functions of the Law - - Keep the peace;
Enforce standards of conduct;
Maintain order;
Facilitate planning; and
Promote social justice.
- Substantive law - - sets out rights and duties (think your Constitutionally
protected rights
- Procedural Law - - establishes the rules under which substantive rules of
law are enforced
- Criminal law - - defines the duty of individuals to society (there is a victim
of the actual crime and the citizens of the state are also victims)
- Purpose of law - - to determine behaviors
- Burden of Proof - - beyond reasonable doubt 99.9%
- Civil Law - - defines duties owed by individuals to other individuals.
(Examples include negligence and contract law.)
- Constitutional Powers - - States also have a Constitution which may give
you more rights than the U.S. Constitution, but it can never give you less
rights than the U.S. Constitution.
- Federalism - - The United States is composed of 51 different legal systems
- Constitutions - - The U.S. Constitution is the federal constitution and is the
highest source of law. Each state also has a constitution that may not
contradict the U.S. Constitution.
- Treaties - - Agreements made between the U.S. President and foreign
governments.
- Statutes - - Laws enacted by the federal or state legislatures.
, - Administrative Rules and Decisions - - Laws created by federal or state
agencies. Theoretically under the Executive Branch, the Legislative branch
enumerates their powers. They are run by boards and commissions.
- Executive Orders - - Decisions made by the president or state governors.
- Judicial Decisions - - Common law that is created by court decisions. This
is previously decided legal cases.
- Private Law - - Contract law.
- Legal reasoning - - is a useful tool for understanding and persuading by
combining analytical thinking with recognition of the legal system.
- Legal Interpretation - - Because most laws are written very broadly and in
general language, the court has the power to interpret the law to broaden or
narrow the reach of each law.
- stare decisis - - the belief that law should be predictable.
- adaptable - - However, the Common Law must also be ________ in order to
respond to changing social and political realities.
- stare decisis - - In applying ______ _______, the court must find an earlier
case with similar facts, derive a rule of law, and apply that rule to the case.
- The U.S. judicial process - - is based on an adversarial system.
- Attorneys - - are required to act in the best interests of their clients due to
the existence of a fiduciary relationship.
- attorney client, and work product - - Both the _____-_____ privilege and the
______ ______ privilege are fundamental to the justice system.
- Attorney-Client Privilege - - is lost where the client sought or employed an
attorney in order to commit or facilitate a crime or fraud
- Attorney-Client Privilege - - based on the idea that two lawyers will argue
cases in a non-biased courtroom.
- Attorney-Client Privilege - - Clients should share their information with the
attorney
- Preventative Law - - is used to arrange business plans and methods to
increase profits by reducing the legal risk of the business.
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