Legal Chapters 1-4

Question 1

What is the rule of law?

Answer 1

1. Protects society
2. Laws protect businesses (even ones we don’t necessarily approve of)
3. laws are made generally equally applicable under rule of law

Question 2

3 types of ownership fences

Answer 2

Public property-government
Private property-individuals and businesses
Common property-jointly owned or shared purchase

Question 3

Property = ownership

Answer 3

Legal right that allows a person to exclude others from his/her resources

In broadest sense-includes ownership of individual, constitutional, and human rights

Question 4

Exclusionary right of property

Answer 4

Provides a basis for the private market and modern business

Question 5

Law

Answer 5

Rules that are established by the state (government) and backed up by enforcement

Question 6

Judges

Answer 6

Vital role maintaining the rule of law

Decidee which law is applicable and who is “right” and “wrong”

Question 7

All wealthy countries embrace the rule of law

Answer 7

Because businesses feel comfortable, can grow, feel safe and protected

Question 8

Property rights- “intellectual property”

Answer 8

Trademarks, patents, and copywrights

Question 9

Jurisprudence

Answer 9

Philosophies that explain origin of law and its justification.
-natural law-“do not steal, kill etc”
-positive law-no modification ex even if a two year old killed=jail
-historical law-keep historical traditions
Sociological-as society chang, law should change-“too many changes”
Legal realism-justice should be applied individually ex- 12 year old diminished mental capacity commits crime vs 12 drug dealer commits a crime

Question 10

Classification of law

Answer 10

• common law and civil law
• public and private law
• civil law and criminal law
• substantive law and procedural law

Question 11

Common law

Answer 11

Emphasizes the role of judges in determining the meaning of laws

**precedents

Question 12

Civil law

Answer 12

Relies on legislation more than judicial decisions for law

Judges can have a new decision each time

They do refer to settled csases instead of precedents

Question 13

Public law

Answer 13

Includes matters that involved the regulation of society (as opposed to individuals interacting)

• constitutional law
• administrative law-congress gives agenecies the power of law
• criminal law

Question 14

Private law

Answer 14

Covers legal problems and issues that concern private resource relatioinships with other people

• property law- damgages
• contract law-business against business
• tort law-sue an individual

Question 15

Civil cases

Answer 15

Includes suits for breach of contract or tort cases

Involve request for damages or appropriate relief

Question 16

Criminal cases

Answer 16

A government representative attempts to prove the wrong committed against society

Results in punshment

Question 17

Substantive law

Answer 17

Defines the legal relationship of people with other people or with the state

Question 18

Procedural law

Answer 18

Method and means by which substantive law is made and administered

Question 19

Sources of law

Answer 19

Federal law
State law
Judicial decisions or case law

Question 20

Federal law

Answer 20

Constitution
Legislation
Administrative law or regulation

Question 21

State law

Answer 21

State constitiution
Statutes or acts
Regulatory law of state administrative agencies
Ordinances

Question 22

Judicial decisions or case law

Answer 22

Interpret the constitutional, legeslative, and regulatory laws

Question 23

Opinions

Answer 23

• decisions made by judges on legal issues
  
  • become precedents for future cases involving similar facts and legal issues
  • citation-enables to locate the case in a library or computer database.

Question 24

Stare decisis

Answer 24

Judges follow precedents whenever possible

Ensures certainty and predictability in the law