Chapter 1 Jurisprudence Flashcards
What does Juris Prudentia mean?
The study, knowledge, or science of law
What are the components of legal philosophy?
1) a way to classify bodies of law
2) analysis and explanation of sets of law
3) deals with the search to find an answer for how the law is decided by a judge and how consistent it is with other decisions.
What are ways to classify bodies of law
Contract, tort, real estate, personal property, intellectual property, consumer protection, constitution, military
What are the roles of laws?
Attorneys, judges, search for moral foundation of law
What are the foundations of law?
Intended to reflect and enforce the moral and ethical standard of a civilized society.
What is morality?
Dealing with what is right and what is wrong. Stems from an individuals conscience and the values given from religion, political.
Morality is one way for a community to define appropriate activity
What is ethics?
Figuring out what is right and wrong in any given scenario or situation. Duties in which to follow.
What the difference between morality and ethics?
Morality is a foundation and ultimate aim for society.
Ethics is a practical way of discovering how to implement and preserve moral standards.
What are procedural laws?
Rules that enforce substantive laws
Steps to enforce one’s rights and duties
What are substantive laws?
Laws that set forth the rights and duties of American citizens.
Individual rights to which a person is privileged and the duties for which a person is held responsible.
What do substantive and procedural laws do?
Establish justice insure domestic tranquility provide for common defense promote general welfare secure the blessings of liberty
What is a plaintiff?
Person that is bearing a lawsuit against another
Defendent
Person being sued
What us service of process?
Procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party in an effort to exercise jurisdiction over that person so as to force that person to respond to the processing before the court, body or tribunal.
What is jurisdiction
The power of a court to hear a case.