Chapter 1 - Introduction to the Law Flashcards

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1
Q

jurisprudence

A

the study of law and legal theory

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2
Q

juris (Latin)

A

law; legal

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3
Q

prudentia (Latin)

A

knowledge

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4
Q

What are the three types of law writing?

A
  1. apodictic
  2. casuistic
  3. definitional
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5
Q

simple statements indicating what we should or should not do

A

apodictic laws

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6
Q

if/then type of written law

A

casuistic

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7
Q

the individual requirements of a law

A

elements

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8
Q

laws written in the same format that you would see in a dictionary

A

definitional laws

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9
Q

law

A

standards of conduct; a system or rules established by an authority

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10
Q

What are the five principles of law?

A
  1. Harm principle
  2. Parent principle
  3. Morality principle
  4. Donation principle
  5. Static principle
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11
Q

parens patriae (Latin)

A

“father of the people”

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12
Q

Negligence is an example of the _____ principle law.

A

harm

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13
Q

Public health laws and laws related to drug use are examples of _____ principle laws.

A

parenting

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14
Q

_____ principle laws are often based on religious beliefs.

A

Morality

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15
Q

Abortion laws are an example of _____ principle laws.

A

morality

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16
Q

Welfare programs and disability laws are examples of _____ principle laws.

A

donation

17
Q

Without _____ principle laws, members of society could do what they want, regardless of how it affects others.

A

static

17
Q

Without _____ principle laws, members of society could do what they want, regardless of how it affects others.

A

static

18
Q

Licenses are required for certain things due to _____ principle laws.

A

static

19
Q

independent, supreme power and authority

A

sovereign

20
Q

Article I established the _____ Branch.

A

Legislative

21
Q

branch that “creates” the law

A

Legislative

22
Q

precedence

A

decisions made on past rules or principles

23
Q

branch with the power to “execute” the law

A

Executive

24
Q

Article II established the _____ Branch.

A

Executive

25
Q

branch with the power to “interpret” the law

A

Judicial

26
Q

Article III established the _____ Branch.

A

Judicial

27
Q

What are the four elements of murder?

A
  1. Unlawful
  2. Killing
  3. Human
  4. Malice aforethought
28
Q

malum in se

A

evil in itself

29
Q

malum prohibitum

A

evil because it is prohibited

30
Q

People v _____; crimes against society

A

criminal law

31
Q

All courts will hear both _____ and _____ cases.

A

criminal; civil

32
Q

_____ court is the lower trial court.

A

District

33
Q

equity

A

fairness

34
Q

common law

A

a law derived from customs and/or prior court decisions