Intro to Law Flashcards
What is Law?
“a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.”
Jurisprudence
The study and theory of law
The 2 schools of thought in the theory of law
natural law and legal positivism
Natural law
jus naturale, contends that all persons have inalienable, natural rights.
e.g., U.S. Constitution, the Universal Declaration of Human Rights, and the United Nations Charter.
Legal positivism
argues that laws are human creations that reflect the reality of human existence in that moment. Because laws are human creations, they are not necessarily moral or immoral, they are merely the result of human activity.
Believe that law should serve the needs of people and should therefore take into account public policy, economic factors, fairness, and so forth.
Legal Realism
re-emerging as it provides insight into how diverse cultures, identities, and peoples interact with the law.
Sociological School
focus on the power dynamics of who creates laws, enforces, and is affected by laws. argue that those in power control and manipulate laws and the legal system to maintain their power and privilege
Critical Legal Studies
argues that laws should focus on applying economic theory to the law. By promoting economic efficiency, the law and economics movement attempts to make the law more fair and equitable
Law and Economics thought
Is the compilation of hundreds of years of judges’ decisions on the outcome of cases.
Contract disputes to crimes to family law cases.
Common law
Found throughout Europe, South America, Africa, and Asia, civil law focuses not on judicial decisions but is instead grounded in statutes and codes
Civil law (system of law)
focuses on disputes between private parties or groups
designed to maintain order and justice between citizens
Civil law (category of law)
harm or injustice against all the people in the jurisdiction, even though the victim may be an individual
Criminal law
Art. VI, Cl. 2
Supremacy clause
any commerce that has a substantial effect upon commerce between states will come under Congressional authority
affectation clause
