Chapter 1: The Nature of Law

Question 1

What is substantive law?

Answer 1

Establishes rights and duties of people in society

Question 2

What is procedural law?

Answer 2

Establishes how to enforce those rights and duties

Question 3

What is public law?

Answer 3

Refers to the relationship between governments and private parties

Question 4

What is private law?

Answer 4

Refers to the regulation of conduct between private parties

Question 5

What is legal positivism?

Answer 5

Law is the command of a recognized political authority

• “Just or unjust; law must be obeyed”

Question 6

What is natural law?

Answer 6

Universal moral rules bind all people whether written or unwritten

• “Unjust positive laws are invalid”

Question 7

What is legal realism?

Answer 7

Defines law as the behavior of the judiciary as they rule on matters within the legal system

• “Thus law in action dominates positive law”

Question 8

What is sociological jurisprudence?

Answer 8

Unites theories that examine law within its social context

Question 9

What is the plain meaning rule?

Answer 9

Court applies statute according to usual meaning of the words