Chapter 1: Role of Law Flashcards
What is law?
Law is a continuing process of attempting to solve the problems of a changing society rather than as a set of rules.
Civil Law
the types of law that deal with non criminal matters such as contract law, tort law, property law, administrative law etc.
Criminal Law
law that concerns conduct which interferes with the security of society
Private Law
Law governing conflict between persons. Including disputes between individuals, disputes between an individual and a corporation and includes other civil law matters.
Public Law
Between individuals and the government. Criminal law, administrative law, constitutional law, and international law.
Common law
system of law based on past judicial decisions. Based upon precedents.
Natural law
Based upon morality. Law should be fixed and have a natural order just like what is found in our natural surroundings.
Lex iniusta non est lex
an unjust law is not a law
Legal positivism
based upon parliamentary supremacy. law should be divorced from morality. not possible to identify what is moral. logic prevails. respect and deference for legal process. law is neutral
Parliamentary Supremacy
parliament is the only lawmaker and this ability cannot be overridden or set aside by the courts or by anyone else.
nulla pena sine lege
there is no penalty without a valid law
Judicial Realism
rejects notion that legal doctrine alone explains legal decision making. Something more than law - political, economic and social contexts in which law arises changes and persists and psycho social makeup of the judge.
test case
lawsuit brought to establish a widespread and important principle of law or right. Sometimes many cases all agree to be bound by the decision in the test case.
