chapter 1 Flashcards
Law
orders human activities and relations through systematic application of the force of politically organized society
-aggregation of legislation
-judicial precedents
-accepted legal principles
Criminal law
state or federal government prosecutes punishment, deterrence, rehabilitation, preservation of peace, guilty / not guilty
Civil law
-plaintiff
-aggrieved individual sues
-compensates deterrence
-liable / not liable
-monetary damage, equitable remedies
Sources of law
-constitutional
-legislative
-judicial
-administrative
Preponderance of the evidence
greater weight of the evidence, though not sufficient to free the mind wholly from reasonable doubt
Constitutional
US constitution, bill of rights
Legislative
law passed by a legislative, federal or state, typical thought of law
Judicial law
common law, court decisions, precedent, governs most contracts
Administrative
federal and state agencies, agency rules, regulations, and orders
Functions of law
**maintain stability in the social, political, and economic system ** while simultaneously permitting change
Sanctions
means by which the law enforces the decisions of the courts; without them law would be ineffectual
Morals
you should not silently stand by and watch a blind man walk off a cliff
Justice
fair, equitable
Substantive law
creates, defines, regulates legal rights and duties
Public law
deals with the government’s rights and powers in its political