Ch 1 Flashcards

1
Q

Legal Rights

A

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

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2
Q

Individual rights

A

rights given by the U.S. Constitution (freedom of speech, due process, right to vote, etc.)

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3
Q

The right of privacy

A

right to be secure against unreasonable searches and seizures

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4
Q

privacy and technology

A

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

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5
Q

sources of law

A

constitutional law
statutory law
administrative law
private law
case law, statutory interpretation and precedent
treaties and executive orders
uniform state laws

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6
Q

private law

A

rules and regulations parties agree to as part of their contractual relationship

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7
Q

case law

A

laws made by decisions of a court; clarifies the meaning of statutes and creates precedents. Many times courts apply common law

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8
Q

treaties and executive orders

A

treaties made by the United States and executive orders of the president of the US or other public officials

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9
Q

Uniform state laws

A

statutes drafted by the national conference of commissioners for adoption by the states

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10
Q

classifications of law

A

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

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