law and society (general knowledge from Lippman book)

Question 1

private law

Answer 1

-contract, tort and property law

Question 2

public law

Answer 2

-composed of criminal, administrative (how government agencies can operate) and constitutional (governs political parties) law

Question 3

jurisprudence

Answer 3

-the study of knowledge and the science of the law
-thinking about philosophical questions (ethics)
-thinking about analytical questions (practise of law etc)

Question 4

‘black letter’ law

Answer 4

-the clear principles that have been established by the courts

Question 5

consensus perspective

Answer 5

-viewing society as sharing common values and as relatively stable

Question 6

conflict perspective

Answer 6

-society is viewed as its composed of competing groups and law is used as an instrument employed by the dominant and powerful groups to maintain power and control

Question 7

morality and law

Answer 7

-most decisions of law do not require a moral dimension, other scholars believe it can’t be separated from morality

Question 8

public law and private rules

Answer 8

-some definitions of law are limited to the acts of public officials, other definitions include private individuals/ organisations

Question 9

written law and law in action

Answer 9

-several definitions focus on written law being what it is statute books, others define ‘in action’ as during court

Question 10

written law and coercion

Answer 10

-some definitions require laws should be written, others consider laws as any rule that is being enforced by physical/ psychological force

Question 11

law and custom

Answer 11

-some definitions are sufficiently broad to include written law and common (law that is for everyone, not just specific customs) law