LEGL Test 1 Roessing Questions And
Answers
Jurisprudence +types (5) ideas that help explain the origin of law and its justification
-the general body of law interpretations by judges as different from legislation passed by
legislators
-Main types include:
1)Natural Law (moral)
2)Positive ...
Jurisprudence +types (5) ideas that help explain the origin of law and its justification
-the general body of law interpretations by judges as different from legislation passed by
legislators
-Main types include:
1)Natural Law (moral)
2)Positive Law- contrary to natural; commands of the state backed up by force and punishments
3) Historical school- contemporary laws should focus on legal principles that withstood the test
of time in a nation; tradition
4) Sociological- law can change to meet new developments in society
5) Legal realism- goes beyond the words of law to examine how people are following them (ex:
speed limit)
Natural Law law contains universal moral principles
Positive Law law is simply commands of the state backed up by force and punishment
, LEGL Test 1 Roessing Questions And
Answers
Historical School emphasizes contemporary law should focus on legal principles the have
withstood the test of time in a nation
Sociological jurisprudence supports the idea that that law can and should change to meet
new development in society
Legal Realism goes beyond the words of law to examine how people are following them
ex: speed limit
Common Law (Legal System) legal system that emphasizes the role of judges in
determining the meaning of laws and how they apply them
o Common law systems tend to be based on tradition; we see case law here
-US, UK, Canada, Jamaica, Nigeria, New Zealand
• Precedents and stare Decisis
• Judges have a huge role in interpretation
• Jury system
, LEGL Test 1 Roessing Questions And
Answers
Civil Law (Legal System) legal system that relies more on legislation than judicial
decisions
-more based on statues
-do not follow precedent
-Louisiana and France
• Judges do not do as much interpretation
• code
Public Law law that includes those matters that involve the regulation of society as
opposed to individuals interacting
-deals with relationships between individuals and the government
-includes constitutional law, administrative law, and criminal law
Constitutional Law involves the interpretation and application of either the federal or state
constitutions
, LEGL Test 1 Roessing Questions And
Answers
Administrative Law covers the legal principles that apply to gov agencies, bureaus, boards
or commissions
-does anyone have an example of this??
Criminal Law specifies various offenses against the proper order of the state
-threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare
of people
Private Law covers those legal problems and issues that concern your private resource
relationships with other people
-deals with relationships between individuals and institutions, not with the government
-includes property law, contract law, and tort law
Property Law involves the recognition of exclusive right in both tangible and intangible
resources
-special areas of this type of law concern land, goods, copyrights, trademarks, patents, and trade
secrets
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