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Religions > LEGL 2700 CH 1 > Flashcards

LEGL 2700 CH 1 Flashcards

1
Q

Lady Justice

A
  • Balance Scale (Fairness)
  • Blindfold (Justice is non bias)
  • Sword (execute justice)
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2
Q

Why teach law to business students? (3)

A

a. Builds Basic Legal Vocabulary
b. Developed abilities to identify potential for liability
c. Informs Business Decisions

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3
Q

What is needed to have an efficent market? (3)

A

Law, Rule of Law, Property

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4
Q

Rule of Law

A

a. Concept that laws that are made are generally and equally applicable
b. Idea that the law applies to EVERYONE in the same way

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5
Q

Law

A

Rules established by the state and backed up by enforcement

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6
Q

Why is Rule of Law Important?

A

Well functioning market and econmic growth

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7
Q

Consequences of not having Rule of Law

A

People will be sacred in invest and run a business which development will be stunted

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8
Q

Principles that define the rule of law according to the World Justice Project (4)

A
  • Accountability
  • Clear, Publicized, Stable, and Just Laws
  • Process by which laws are enacted, administrated, and enforced is accessible, fair, and efficient
  • Justice that is delivered timely
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9
Q

Defintion of Property

A

a. A legal right that allows you to exclude others from your resources ( without this right business come to a standstill)

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10
Q

Common Law

A

Emphasizes the role of judges in determining the meaning of laws and they apply

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11
Q

Which state doesn’t follow Common Law?

A

Lousina

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12
Q

Pros of Common Law

A

a. Laws can be concise
b. Stare decisis (let the prior decision stand)
- Judges fllow precendent whenever possible to Ensures certainty , stability, and predictability in the law

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13
Q

Cons of Common Law (4)

A

a.Volume of Cases
b. Conflicting precedents
c. Distinction between the holding and dicta
i. Increases the difficulty of determining the precedent
d. Rejection of precedent/Bad precedent (belief cases were wrongly decided or times have changed)

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14
Q

Civil Law

A
  1. Relies more on legislation than judicial decisions to determine what the law is.
  2. Civil Law Courts (Judges) do NOT make law and DON’T feel obligated to follow prior judicial decisions.
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15
Q

Public Law

A
  1. Regulation of Society
  2. Government represents Society
  3. Includes Constitutional law, administrative law, and Criminal Law
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16
Q

Private Law

A
  1. Regulation of Private resources
  2. Includes Property law, contract law and Tort law (form where a person has ex: negaliance)
17
Q

Civil Law

A
  1. Individual sues for damages or other appropriate relief
  2. Sanctions? Damages? (money)
  3. EX: Breach of Contract or Tort Cases
18
Q

Criminal Law

A
  1. Government brings suit to prove a wrong committed against society
  2. Sanctions: Death, Imprisonment, Fines, Removal from Office, Disqualification from Voting or Holding Office
  3. Examples: Robbery, Conspiracy
19
Q

Substantive Law

A
  1. Defines the legal relationship of people with other people or between them and the state
  2. Defines rights and duties
20
Q

Procedural Law

A
  1. Deals with the methods and means by which substantive law is made and adminsitrted
  2. Provides the machinery for enforcing those rights and duties
  3. Examples: time allowed to sue someone, rules of law governing the process of the lawsuit
21
Q

What is Federal Law

A

i. Includes US Consistution
- Any law , Federal or State that with the Constitution is said to be void and has no legal effect
ii. Legislation passed by Congress
iii. Administrative Law

22
Q

State Law

A

i. State Constitution
ii. Statues or Acts adopted by the State Legislature
1. Commercial Code (UCC)
iii. Regulatory Law of the State Administrative Agencies
iv. Ordinances

23
Q

Case Law

A

i. Decisions of Judges AKA Case Law
ii. Opinions: written decision of judges (becomes precedent for future cases)
iii. Precedent: a prior judicial decision relied upon as an example of a rule of law

24
Q

Sources of Law Hierarchy

A

a. U.S Constitution
b. Statutes of Congress
c. Federal Administrative Regulation
d. State Constitution
e. State Senate
f. State Administrative Regulation
g. Local Ordinances
h. Case Law

25
Q
A

Religions (10 decks)

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