Chapter 1 The Nature and Sources of Law Flashcards
Specifies the steps that must be followed in enforcing rights and liabilities
Procedural Law
Define wrongs against society
Criminal Laws
Define the rights of one person against another
Civil Laws
A body of law that provides justice when the law does not offer an adequate remedy or the application of the law would be terribly unfair
Equity
Using precedent and following decisions
Stare Decisis
Time-honored rules of the community
Common Law
The rules and regulations parties agree to as part of their contractual relationships
Private Law
Rules promulgated by state and federal administrative agencies i.e. FDA
Administrative Regulations
Branch of law based on the constitution for a particular level of gov’t
Constitutional Law
Includes legislative acts enacted by congress or the state legislatives
Statutory Law
Creates, defines, and regulates rights and liabilities; determines when a contract is formed
Substantive Law
The order or pattern of rules that society uses to govern the conduct of individuals and their relationships
Law
A legal capacity to require another person to perform or refrain from performing an act
Right
An obligation of law imposed on a person to perform or refrain from performing a certain act
Duty
The right to be secure against unreasonable searches and seizures by the gov’t; also protects individuals against intrusions by others
4th Amendment - Right of Privacy