Exam 1 (Chapter 1&2) Flashcards
The body of rules governing individuals and their relationships
Law
Those laws enacted by some authorized governmental body
Public law
State and federal constitutions and statutes are examples of _________ law
Public
Those laws developed by individuals
Private law
Landlords usually having regulations for their tenants such as limits on what they can have on their balconies is an example of _______ law
Private
A violation that is wrong against society
Criminal law
A violation that is wrong against another person or persons
Civil law
Running a red light is an example of ______ law
Criminal
Laws that give rights and responsibilities
Substantive laws
Provide the means for enforcing substantive rights
Procedural laws
A developed body of law common that could be used to settle disputes
Common law
Stare decisis translates to…
“Let the decision stand”
A law passed by some governmental body and written in some form
Statutory law (aka codified law)
A body of law that attempts to do justice when the law does not provide a remedy, when the remedy is not enough, or when the application of the law is terribly unfair
Equity
Courts of equity could issue order, also know as _____, prohibiting certain conduct
Injunctions
What are the five purposes of law?
Keeping order, influencing conduct, honoring expectations, promoting equality, and law as the great compromiser
What are the 3 characteristics of law?
Flexibility, consistency, and pervasiveness
Belief that law’s authority comes from a higher and eternal authority and that any law that violates these natural laws is morally wrong.
Natural law theory
Slavery is a violation of which theory?
Natural law
Belief that that law is whatever those who are in charge say the law should be, that law comes from power
Power theory
Allow only those laws that serve to offer fairness, equality, and opportunity. Laws that deny due process or the right to be heard, are morally wrong
Justice theory
Provides that only those laws that serve to create and preserve order are valid. Allow laws that control behavior or provide conduct guidelines
Order Theory
Written laws enacted by some governmental body with the proper authority - legislatures, city governments, and countries - that are published and made available for public use and knowledge
Statues
Protect general rights such as speech, religion, and property
Constitutions
Contains all the federal agencies’ regulations, such as the rules and forms required for consumer loans
Code of Federal Regulations
Laws of the executive branch of the federal government that deal with those matters under the direct control of that branch
Executive orders
Contain the states’ criminal laws, laws for incorporation, laws governing partnerships, and contract laws
State codes