Part One

Question 1

Legal Culture

Answer 1

attributes of behaviour and attitudes that make the law of one society different from another

Question 2

Sociological Jurisprudence

Answer 2

the study of law and legal philosophy and the use of law to regulate conduct

Pound believed that law was a specialised form of social control to constraint individuals from conduct that went against social norms/order

Question 3

Defining Law, Weber

Answer 3

Principles of Law:
1. pressures to comply with the law must comes externally in the form of actions or threats

2. these external actions or threats always involve coercion or force
3. those who instrument the coercive threats are individuals whose official role is to enforce the law

Question 4

Criticisms of Weber

Answer 4

1. places too much emphasis on coercion and ignores other explanations; Philip Selznick argues that the authoritative nature of rules makes people feel as though it is their duty to obey
2. his definition of specialized personnel/staff to carry out the law is limited for cross-cultural contexts (may not exist in underdeveloped societies)

Question 5

Substantive Law

Answer 5

consists of rights, duties and prohibitions administered by courts;
which behaviours are allowed and which are not

Question 6

Procedural Law

Answer 6

rules concerning just how substantive laws are to be administered, enforced, changed and used by players in the legal system

Question 7

Public Law

Answer 7

concerned with the structure of government, the duties and powers of officials, and the relationships between the individual and the state

includes constitutional law, administrative law, and criminal law

Question 8

Private Law

Answer 8

concerned with both substantive and procedural rules governing relationship between individuals
(private injuries, contracts, properties, wills, marriage, divorce and adoption)

Question 9

Civil Law

Answer 9

consists of a body of rules and procedures intended to govern the conduct of individuals in their relationships with others

Question 10

Criminal Law

Answer 10

defines criminal action, prosecution, and penal treatment of offenders; the state takes action against the criminal

Question 11

Constitutional Law

Answer 11

branch of public law; determines the political organization of the state and its powers while also setting certain substantive and procedural limitations on the exercise of governing power

Question 12

Common law

Answer 12

resists codification as it is dictated by the decision of the judge rather the code

Question 13

Statutory Law

Answer 13

legislation passed by elected officials in legislative assemblies

Question 14

Administrative Law

Answer 14

body of law created by administrative agencies in the form of regulations, orders and decisions

Question 15

Royal Prerogative Powers

Answer 15

the residue of discretionary authority that is legally left in the hands of the crown