Chapter 2: Families of Law and Law Making Flashcards
1
Q
families of law
A
- romano germanic
- socialist
- common
- sharia
2
Q
romano germanic law
A
- also called Civil Law
- based on the codes
- oldest and most widely used family of law
- forms basis of most European law
3
Q
codes
A
very general principles that provide answers for all disputes
4
Q
Socialist Law
A
- only in communist nations
- same and romano germic except: not really considered a family of law, property owned by the state so not real estate laws, goal is protection of the state
5
Q
Common Law
A
- USA family of law
- also called Ango-American
- originated in Britain and British colonies
- based on use of precedent
- judges play large role
- adversarial system
6
Q
case law/ use of precedent
A
deciding a case by applying law found in previous court cases
7
Q
adversarial system
A
2 party battle
8
Q
Sharia Law
A
- religious law governs Sunni branch of Islam
- governs all aspects of life
- comes from the Koran and Muhummad
- 5 categories of actions
- technically imposed of all muslims no matter where they live
- sharia differs depending on region
- sometimes only parts of nations practice sharia so they have 2 legal systems
9
Q
3 places law is made
A
- legislature
- agencies
- courts
10
Q
legislature
A
- primary lawmaking body in US
* congress and state
11
Q
congress
A
creates statutes
12
Q
statutes
A
laws that are binding to everyone
13
Q
state
A
passes laws on everything not specified in the constitution
14
Q
supremacy
A
if state and federal laws conflict, federal law wins
15
Q
agencies
A
government bodies that make rule and regulations of a law more specific
