Ch 1 Flashcards
Theories, schools or conceptions of law
Natural, Moral or ideal Positivist Historical socialogical realist economic critical
Natural Law School
(fair, right, and just)
law is based on what is “correct”
based on morality and ethical
ex. constitution
Historical School
social traditions and customs
ex. historical legal scholars look at past legal decisions to solve contemporary problems
positivist
rules of a sovereign
Sociological
present human conduct
achieving and advancing certain social goals
realist
official conduct
economic
efficient allocation of resources
promoting marketing efficiency should be the main concern in legal decision making
critical
analysis
legal rules are unnecessary and legal disputes should be solved by applying arbitrary rules based on fairness
law courts, chancery courts and merchant courts
9
law court - administrating law in a uniform manner
chancery courts- equity courts, these courts where made under the authorization of Lord. remedies were shaped to fit each situation
merchant courts- developed certain rules to solve their commercial disputes. Based on common trade practices and usage
adoption of english common law in America
9
All the states- except Louisiana- based their legal systems on english common law
treaties
11
compact made between two or more nations
Branches of the federal government
11
legislative branch
executive branch
judicial branch
Stare Decisis
14
to stand by the decision
there would be no stability
How a bill becomes law - Step 5
12
if pres takes no action in 10 days, the law is automatically passed.
vetoes need 2/3 of the members of senate to override.
Characteristics of the civil law legal system
10
