Chapter 1 Flashcards
What is law?
The law consists of rules that regulate conduct of individuals, businesses, and other organizations within society. It is intended to protect persons and their property from unwanted interference from others. It has to be fair. Equity.
Functions of law
Keeping the peace. Sharpening moral standards. Promoting social justice. Maintaining the status quo. Facilitating orderly change. Facilitating planning and fairness
Jurisprudence
Philosophy of law
All men are equal
Natural law
Natural law school
Law is based on what is correct. Loss should be based on morality and ethics
Fairness
The US legal system is comprehensive and is made to be fair
History of American law
English system of law was adopted as a system of jurisprudence in early American colonies. Acted as a foundation for American judges to develop a common law in America
1066
The year common-law was established
Different types of courts
Common-law with branches and contracts property and torts. Equity. The two different types of courts were brought together in 2003 most of the time it was still two separate courts
Levels of court
Trial is the lowest. Appeals is the intermediate. And the highest is the Supreme Court
English common law
Developed by judges to issue their opinions when deciding laws. Principles announced in these cases became precedent for later judges deciding similar cases
Constitution article 6 supremacy clause
The US Constitution is the supreme law of the land it establishes structure of the federal government
Three areas
Federal state and local. Legislative, executive, judicial
The way the system is designed
No dictatorship, harder to get things done, lots of experimenting from large to small scale
Sources of law
You numerate federal power. Reserves all other powers to state. States have their own constitution. Refer tonight and 10th amendment
Treaties
The president with the advice and consent of the Senate, may enter into treaties with foreign governments. Treaties becomes a part of the supreme law of the land. Treaties affect international business
Federal statues
Statues are written laws and establish certain course of conduct that covered parties must of hereto. The US Congress and ask federal status. Federal statuses are organized into codebooks. These codebooks constitute codified law
Ordinances
Law enacted by local government
Executive orders
Issued by the president and state governments. Example prohibiting US companies to sell good and services to one of the enemies during a war
Digital law
Doing business e-commerce word is the same as doing brick-and-mortar. There are a few rare statues implemented. If you do it wrong in real life it’s wrong to do it online
