BLAW: Chapter 1 – Flashcards
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How is Law defined?
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Law is a form of order. Law is the body of rules of society governing individuals and their relationships.
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Public Law
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codified law, statutes, law by governmental body
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Private Law
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rules created by individuals for their contracts, tenancy, and employment
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Civil Law
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laws regulating wrongful conduct and carrying sentences and fines
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Statutory Law-
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codified law such as the United States Code or municipal ordinances
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Common Law
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developed historically and by judicial precedent, Began in England
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Substantive laws
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laws giving rights and responsibilies
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Procedural Laws
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laws that provide enforcement rights such as the arraignment or grand jury portions of the criminal judicial process
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What are the purposes of Law
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Keep order, influence conduct, honor expectations, promote equality, offer compromises
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What are the characteristics of law?
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Flexibility, consistency, pervasiveness
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Jurisprudence
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theory of law that addresses the best way to approach the characteristics and role of law
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What are laws found and who enacts them?
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1. Consitution 2. Federal Statues 3. State Statutes 4. Ordinances
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Constitution
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document that establishes structure and authority of a government, exists at the state and federal level
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Federal Statutes
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Laws passed by Congress, the United States Code
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State Statutes
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laws passed by state legislatures, including uniform laws on contracts and business organizations such as the Uniform Commercial Code
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Ordinances
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Local laws passed by cities, counties, and townships that cover issues such as zoning and licensing for bikes or sales tax.
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What are the sources of International Law?
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1. Treaties 2. Act of state doctrine 3. European Union 4. Uniform Laws
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Treaties-
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agreements between and among nations regarding their political and commericial relationships.
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Act of state doctrine
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immunity of governmental action from discipline by other countries; sanctity of governments right to govern.
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European Union
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group of 25 nations working Collectively for uniform laws and barrier-free trade
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Uniform Law
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Contracts for International Sale of Goods (CISG)
