mMana 298 - chapter 1 Flashcards
what is law?
Set of rules and guidelines by which a society has come to accept as a way of living and conducting itself
what does it mean when law maintains the status quo?
Standards of conduct state in the law remain in force until change by the lawmaking authority
what is meant by law and justice?
Law is written – difficult to deter from and rigid
The law does not apply itself – enforced by judges in the courts (have discretion in how a law is applied)
Laws are decided upon by a majority (can’t always answer the needs of all, especially the minority)
what is meant by law and ethics?
Ethics – set of principle or moral values of a society, distinguishing right from wrong.
Ethics plays a balancing role to law
Law is founded in moral values, so need ethics to apply
Law is not always clear, so use ethics to develop
Law may not exists to adress new issues, so ethics must mold
Gains a large consensus amongst the population
Adrssses an issue considered a serious threat the well being of the community.
what is the difference between private and public law?
Private law – rules that regulate the legal relationship and obligations between individual citizens
Contract law: leases, employment
Commercial law: set up enterprise and provide goods or services.
Property law: settles boundary diff with your neighbor
Civil liability: consequences of an individual’s negligence
Public law – relationship between citizens and their state, nation or country.
Criminal law
Tax law
Highway law
Tax law
Bankruptcy law
what are the five ws in law?
To sue – the five ws
Why sue? Somebody owes you money or an obligation and refuses to perform – exchange of documents between the parties, then parties argue or plead their case before the judge
Who are the parties?
Plaintiff – creditor who takes legal action against a debtor who owes him or her money, services or goods
Defendant –debtor who is sued by a plaintiff
Where do you sue?
The defendant lives
Defendant has property
Cause took place
Contract was finalized
Property in dispute is situated
When can you sue?
Prescription – legal method which the civil law established for a person to acquire or to lose rights by the mere lapse of time.
A right to sue may be lost due to inaction for a specific period on the part of the creditor – in common law the prescrptions peridos are dealt with in a statute of limitations.
This right is limited in time – 3 years.
why doesnt law equal justice?
- The law is written
Difficult to deter from and rigid (objective) - Enforced by judges
Judge has discretion in how a law is applied (subjective) - Laws are decided upon by a majority
Can’t always answer the needs of all, especially the minority
