Ch 1 Flashcards
Legal Rights
legal capacity to require another person to do or not do an act
our rights flow from the U.S. constitution, state constitutions, federal and state statutes
Individual rights
rights given by the U.S. Constitution (freedom of speech, due process, right to vote, etc.)
The right of privacy
right to be secure against unreasonable searches and seizures
privacy and technology
technology has allowed an easier intrusion into another’s privacy
courts and congress have said that right to privacy also exists in electronic form and the internet
sources of law
constitutional law
statutory law
administrative law
private law
case law, statutory interpretation and precedent
treaties and executive orders
uniform state laws
private law
rules and regulations parties agree to as part of their contractual relationship
case law
laws made by decisions of a court; clarifies the meaning of statutes and creates precedents. Many times courts apply common law
treaties and executive orders
treaties made by the United States and executive orders of the president of the US or other public officials
Uniform state laws
statutes drafted by the national conference of commissioners for adoption by the states
classifications of law
substantive law vs procedural law
substantive law creates, defines and regulates rights and liabilities
procedural law specifies how rights and liabilities are enforced
criminal vs civil
criminal law defines wrongs against society
civil law defines the rights of one person against another
law vs equity
equity provides justice when the law does not offer an adequate remedy or the application of the law would be terribly unfair