Chapter 1 Flashcards
Law
A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences
Functions of the law
Keeping the peace; Promoting social justice; Maintaining the status quo; Facilitating orderly change; Facilitating planning; Providing a basis for compromise; Maximizing individual freedom
According to Judge Jerome Frank:
The law always has been, is now, and will ever continue to be, largely vague and variable
Jurisprudence
The philosophy or science of law
Natural Law School
Postulates that the law is based on what is “correct.” Discovered by humans through the use of reason and choosing between good and evil. (Ex. US Constitution, Magna Carta, and United Nations Charter)
Moral theory of law
Law should be based on morality and ethics.
Historical School
Believes that law is an aggregate of social traditions and customs that have developed over the centuries
Analytical School
Maintains that the law is shaped by logic
Sociological School
Asserts that the law is a means of achieving and advancing certain sociological goals
Command School
Believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society’s morality, history, logic, or sociology. Law changes when the ruling class changes
Critical Legal Studies School
Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness
Law and Economics School
Believes that promoting market efficiency should be the central concern of legal decision making
Common law
Law developed by judges who issued their opinions when deciding a case The principles announced in these cases became precedent for later judges deciding similar cases
Law court
A court that developed and administered a uniform set of laws decreed by the kings and queens after William the Conqueror; legal procedure was emphasized over merits at that time
Court of Chancery
A court that granted relief based on fairness. Also called Equity Court
Merchant Court
The separate set of courts established to administer the “law of merchants”
Law Merchant
Laws established by merchants who traveled about England and Europe to solve their commercial disputes
Constitution of the United States of America
The supreme law of the United States
Legislative (Congress)
Power to make (enact) the law
Executive (president)
Power to enforce the law
Judicial (courts)
Power to interpret and determine the validity of the law
Treaty
A compact made between two or more nations
Statutes
Written laws enacted by the legislative branch of the federal and state governments that establish certain courses of conduct that must be adhered to by covered parties
U.S. Congress enacts federal statutes which include:
Antitrust laws, security laws, bankruptcy laws, labor laws, equal employment opportunity laws, environmental protection laws, and consumer protection laws
