Ch 1 Flashcards

(75 cards)

0
Q

Weak vs. strong nations: Dependency Theory

A

Argues economically strong nations exploit resources
And labor of weaker nations through trade

Some nations grow and flourish at the expense of keeping
Others economically poor

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1
Q

Why nations are economically weak or strong, 6 general reasons?

A
1 dependency theory
2 natural resources
3 education and technology
4 climate
5 private market
6 law/legal system
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2
Q

3 Arguments against dependency theory

A

Strong nations invest and trade more with strong nations
Compared with weak nations

International trade usually accounts for small fraction of
income in most nations

Lack of conditions encouraging internal economic activity

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3
Q

Weak vs. strong nations: Natural resources 3 points

A

Whether or not nations have abundant natural resources
Has been offered to explain economic prosperity

Japan has few and is prosperous, Russia and African,
South American countries have many but are weak

Fairly well off resource abundant nations are well off because
They can sell to nations with strong diverse economies

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4
Q

Weak vs. strong nations: education and technology

A

Strong nations usually have more schools and implement
Technology more quickly

In some parts of the world well educated people have few
Job opportunities and powerful technologies are easily
Transferred btw countries

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5
Q

Widespread education and rapid technology implementation in nations seem to be…

A

More a result rather than the primary cause of strong

economies

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6
Q

Weak vs. strong nations: Climate

A

Geographers have thought that climate helps explain
whether nations are economically strong or weak

They believe when temperatures are too hot people are
Less able to work, especially outdoors (however Singapore
Is in hot climate)

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7
Q

Weak vs. strong nations: private market

A

Many economists feel Presence of private Market is most significant reason why some countries Are strong

Russia has a private market and is weak

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8
Q

Weak vs. strong nations: law/legal system

A

Adequately enforced system of equally applied law
Is recognized as necessary foundation for strong economies

Law secures elements of trust and certainty vital to
Economic transactions between strangers

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9
Q

3 concepts establish a necessary framework for the most effectively functioning market in the modern nation

A

1 law
2 rule of law
3 property

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10
Q

Law

A

Intended to tell members of society what they can and
Can’t do

Law is made up of rules
These rules are laid down by state and backed up
By enforcement

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11
Q

Rule of law

A

Laws made are generally and equally applicable

They apply to all or most members of society and apply
To various groups in the same way

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12
Q

Property AKA Ownership

A

Legal right that allows you to exclude others from your
Resources

It makes what is yours “yours”

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13
Q

3 types of ownership fences

A

1 public property

2 private property

3 common property

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14
Q

Public property

A

Applies to public resources owned by government

Ex. Roads, public buildings, public lands, monuments

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15
Q

Private property

A

Applies to resources you own as an individual

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16
Q

Common property

A

Applies to resources like land that more than one individual

Owns jointly

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17
Q

What is the central concept of western legal systems?

A

Property

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18
Q

Contract law

A

Enables owner to exchange resources at a future date

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19
Q

Tort law

A

Compensates owner’s whose resources are wrongfully

Harmed by actions of others

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20
Q

Criminal law

A

Punishes those who harm an owner’s resources in
particular ways

Ex. Theft

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21
Q

Law of business organizations

A

Identifies how individuals can own and use private resources

In groups

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22
Q

Regulatory law

A

Both protects ownership and sets limits on private

Resource use

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23
Q

Antitrust law

A

Forbids owners from monopolizing classes of resources

Sets rules for how businesses can compete to acquire
Ownership of new resources

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24
Securities laws
Regulate the transfer of ownership in certain profit making | Opportunities
25
Environmental law
Controls how owners can. Use resources when creating | Pollution
26
Labor and anti-discriminatory laws
Protect empoyees' right to exclude employers from | Interfering with certain self-ownership interests of employees
27
Constitutional law
Establishes the framework of the state whose purpose | Is to protect property in the broadest sense
28
Corporate governance
Law protecting owners of business organization from Managers who run it Defines legal relationship btw corporate managers/board of Directors and shareholder owners of corporation
29
Jurisprudence
The philosophy of law
30
Natural law theory
Law contains universal moral principles observable In nature Can be determined through human reason
31
Positive law jurisprudence, what does it run contrary to?
Law is simply commands of the state backed by force And punishments Contrary to theory of natural law
32
Historical school of jurisprudence
Emphasizes contemporary law should focus on legal Principles that have withstood test of time in a nation Believes law reflects cultural traditions of people And recognizes different nations have different traditions/laws
33
Sociology jurisprudence
Supports idea that law can and should change to meet | New developments in society
34
Legal realism
Examines what police, administrators, prosecutors, and | Judges are doing to enforce, interpret and apply laws
35
Common law
Emphasizes role of judges in determining meaning of | Laws
36
Civil law
Relies more on legislation than judicial decisions for law Civil courts do not make law
37
Precedents
Judicial decisions, collected and published in book volumes
38
Public law
Includes constitutional law, administrative law and criminal law Includes matters that involve regulation of society As opposed to individuals interacting
39
Constitutional law
Involves interpretation and application of either federal | Or state constitutions
40
Administrative law
Covers legal principles that apply to government agencies, | Bureaus, boards or commissions
41
Private law, what three things does it traditionally include?
Covers legal issues that concern your Private resource relationships with other people Includes: property law, contract law, tort law
42
Administrative law
Protects us from having others harm what is privately | Proper to people
43
Substantive law
Defines legal relationship of people with other people Or btw them and the state Rules of law governing creation or enforcement of Contractual promise are substantive in nature
44
That a plaintiff must prove the defendant failed to use reasonable care in order to establish tort of negligence is an example of?
Substantive law
45
Procedural law
Deals with method and means by which substantive law | Is made and administered
46
What is the main difference btw substantive law and procedural law?
Substantive law defines rights and duties Procedural law provides machinery for enforcing rights And duties
47
US Constitution
Supreme law of the nation Any federal or state law that conflicts with the Constitution Is void and has no legal effect
48
Legislation AKA acts, statutes
Next in hierarchy of federal law after the US Constitution
49
Codes
Collections of legislation on the same subject
50
Hierarchy of law federal vs. state
All federal law prevails over state law in hierarchy of our | Sources of law
51
Uniform Commercial Code (UCC) Ordinances
UCC = state legislature Ordinances = for counties and cities, lower in hierarchy of state law
52
Case law
Judicial decisions that apply to your legal problem
53
Opinions
Written decisions on legal issues from Judges who decide appeals from trial courts
54
Citation
Used to locate prior precedents
55
Stare decisis
Doctrine of prior precedents Follows what judges determined in prior cases
56
Holding? dicta?
Precisely what was necessary for a decision to be reached In a case Dicta- whatever else was said in the case
57
Constitutional relativity
In constitutional law where courts should understand the | Meaning of constitution relative to times they interpret it
58
Originalism
Opposite of constitutional relativity Courts should only the Constitution according to the intentions of those who wrote it
59
8 sources of hierarchy of US law from highest to lowest
``` 1 US Constitution and Amendments 2 statutes 3 Federal administration regulation 4 state constitutions 5 state statutes 6 state administrative regulation 7 local ordinances 8 case law ```
60
Sanctions
Methods to encourage or force compliance with the law May be used against person who fails to comply with the Law, used as punishment for violations
61
Remedy
Right of individual to take another person's resources Because that person has failed to meet requirements Of the law
62
5 sanctions for criminal conduct?
``` 1 death 2 imprisonment 3 fine 4 removal from office 5 disqualification from holding any office or voting ```
63
Contracts
Legally enforceable agreements Vitally important to business because allows buyers and Sellers to exchange resources and shape agreements In any legal way they wish
64
Breach of contract
When one party to contract fails to do what they agreed
65
Compensatory damages
Awarded to make plaintiff (victim) whole in economic sense | As if defendant hadn't breach contract
66
Specific performance
Order by the court commanding other party to perform | Actual bargain as agreed
67
Tort
Civil wrong other than breach of contract Involve improper crossing of boundaries (either physical Or behavioral)
68
3 categories of torts
1 intentional torts 2 negligence 3 strict liability
69
Plaintiff
Person who initiates lawsuit
70
Intentional torts, examples
Require plaintiff to prove defendant intended to cross The boundaries protecting the plaintiff Ex. Assault, battery, trespass
71
Negligence
Tort requires plaintiff to show defendant injured what | Was proper to plaintiff through unreasonable behavior
72
Strict liability tort
Require Plaintiff to prove only defendant has injured something proper to plaintiff Ex. Injury caused by hazardous blasting
73
Punitive Damages AKA exemplary damages
Compensate plaintiffs for medical expenses, lost wages, Earning power, damaged goods or pain and suffering Civil punishment for intentional extremely negligent Wrongdoing
74
Corporation
Business chartered by the state to do business as legal | Persons