LEGL 2700 Hackleman Test 1 Exam Study
Guide.
3 concepts for functioning market - answerLaw- most significant and formal rules established by the
gov
Rule of Law - laws generally and equally applicable to all
Property -enables party that owns property to keep other from interfering
3 Types of ...
3 concepts for functioning market - answer✔Law- most significant and formal rules established by the
gov
Rule of Law - laws generally and equally applicable to all
Property -enables party that owns property to keep other from interfering
3 Types of Property - answer✔Public, Private, Common
jurisprudence - answer✔philosophies that explain the origin of law and its justification
ownership - answer✔the right to turn to public authorities like the police or the courts to help you keep
others from interfering with what you own
public property - answer✔public resources owned by the government (parks, monuments, etc.)
private property - answer✔resources owned by an individual
common property - answer✔resources that more than one individual own jointly (land)
What does property represent in its broadest sense? - answer✔individual rights (speech, worship, right
to bear arms, etc.)
natural law - answer✔type of jurisprudence; universal moral principles
positive law - answer✔type of jurisprudence; commands of government and enforcement
historical school - answer✔type of jurisprudence; the law reflects culture and customs of certain people
sociological jurisprudence - answer✔type of jurisprudence; law meets the needs of society
legal realism - answer✔type of jurisprudence; how the law is enforced
common law - answer✔legal system that emphasizes the role of judges in determining the meaning of
laws and how they apply. Rely on prior judicial decisions.
civil law - answer✔legal system that relies more on legislation rather than prior judicial decisions to
determine what the law is.
What do all common law nations have in common? - answer✔All were colonized by England
What is the only state that does not follow the common law system? - answer✔Louisiana (quasi-
common law system) because of historical ties with France
public law - answer✔includes those matters that involve the regulation of society as opposed to
individuals interacting
Types: constitutional, administrative and criminal
constitutional law - answer✔type of public law; involves the interpretation and application of either the
federal or state constitutions
administrative law - answer✔type of public law; covers the legal principles that apply to government
agencies, bureaus, boards, or commissions
criminal law - answer✔type of public law; specifies various offenses against the proper order of the
state
private law - answer✔covers those legal problems and issues that concern your private resource
relationships with other people
Types: property, contract, and tort
Person v. person
property law - answer✔type of private law; exclusive rights to both tangible AND intangible resources
contract law - answer✔type of private law; how resources are exchanged between two people. Involve
enforceable promises to exchange resources in the future
tort law - answer✔type of private law; establishes rules for compensation when an owner's legal
boundaries are wrongfully crossed by another (rear-ending example)
civil law vs. criminal law - answer✔civil cases- may include suits for breach of contract or tort cases (ex.
personal injury) Government not really involved
criminal cases- involve a representative of government attempting to prove the WRONG COMMITTED
AGAINST SOCIETY and seeking to have the wrongdoer punished by the court system
substantive law - answer✔defines the legal relationship of people with other people or between them
and the state. Define rights and duties
procedural law - answer✔deals with the method and means by which substantive law is made and
administered. (pre-trial hurdles must be met before court room)
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