Law - answer✔enforceable rules of conduct set forth by a government to be followed by the
citizens of the society
Stability - answer✔the legal system helps define acceptable behavior. The law limits activities
that hurt the public interest. The law can also require or encourage business practices that further
social or political goals
Predictability - answer✔law provides predictability and uniformity
Social Change - answer✔the legal system provides a way to bring about changes in "acceptable"
behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal under "separate buy
equal"
-Brown v. Board of Education (1954): state laws establishing racial segregation in public school
is unconstitutional
Conflict Resolution - answer✔a critical function of the law is dispute resolution
-Court system (formal process)
Constitution - answer✔the fundamental law of a nation; written document (not always written)
establishing the powers of government and its basic structure
U.S. Constitution - answer✔sets framework, powers and limits of federal government (3
branches of government)
Legislative Branch - answer✔Congress (House and Senate); makes the laws
Executive Branch - answer✔President and his cabinet; implements the laws (executive orders)
Judicial Branch - answer✔Supreme Court; interpret the laws
Statutes - answer✔rules made by legislative bodies; written by legislative, signed into by
executive; typically commands or prohibits something, or declares policy (affects business
behavior)
Administrative Agencies - answer✔a governmental bureau established by Congress (or the
President) to execute certain functions of Congress
Common Law - answer✔law made and applied by judges as they resolve disputes among private
parties; foundation of agency (employment), contact, property, and tort law
Legal Precedent - answer✔to settle disputes that are similar to past disputes, judges look for
guidance by studying decisions form earlier recorded cases
Stare Decisis - answer✔"to stand on decided cases"; the use of precedent by courts
Criminal Law - answer✔concern legal wrongs or crimes committed against the state (Felony or
Misdemeanor)
Felony - answer✔serious class crime punishable by imprisonment of more than a year
Misdemeanor - answer✔lesser class crime punishable by a fine and/or imprisonment of less than
a year (not in state or federal penitentiaries)
Beyond a Reasonable Doubt - answer✔in criminal law, the general rule that for a judge to find a
defendant guilty, there can be no significant doubt that the defendant violated a criminal statute
(higher standard of proof); jail time
Civil Law - answer✔concerns the rights and responsibilities that exist among members of society
or between individuals and the government in non-criminal matters
Preponderance of the Evidence - answer✔in civil trials, the burden of persuasion to win a verdict
requires that the plaintiff prove its claim by having the majority (51%) or bulk of the evidence on
its side (lesser burden of proof); monetary fines
OJ Simpson Murder Case - answer✔example of beyond a reasonable doubt (not guilty) and
preponderance of the evidence (guilty)
Federal Judges - answer✔nominated by the President and confirmed by a majority vote in the
U.S. Senate; lifetime appointment; only removed by impeachment
State Judges - answer✔elected, appointed or chosen by a method that mixes the two; serves for a
fixed term and forced to re-run
Doctrine of Judicial Immunity - answer✔a judge is immune from suit for damages for judiciary
acts
Original Jurisdiction - answer✔power of the court to take a lawsuit at its beginning, try it, and
pass judgment upon the law and facts ; disputes first brought and tried
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Brainbarter. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £8.49. You're not tied to anything after your purchase.
