Terminology, Morals, Why do we need law, definitions Flashcards

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1
Q

Definitions of:

  1. Amend
  2. Enacted
  3. Legislature
  4. Senate
  5. Alibi
A
  1. To change for the better; (improve ,correct, reform)
  2. To make into a law, law put in place (perform, carry out)
  3. Persons empowered to make laws for nation
  4. Upper branch of national legislative bodies of a gov.
  5. Defense that places the accused at a time or place instead of the crime.
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2
Q
  1. Rule of Law
  2. Rule of precedent
  3. Satute Law
  4. Common Law
  5. Codify
A
  1. Rule that all decisions should be made by the application of all laws without the interventions by third parties; ppl of law should only apply law to decisions
  2. STARE DECISIS Legal principle where court cases with similar facts result in similar decisions; same rule=same punishment
  3. Law in written form and quite specific in its intent. Laws passed by different levels of government
  4. CASE LAW principles, customs, traditions
  5. Write down laws, systematically file them according to topic
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3
Q

What is law?

A
  1. legal rule
  2. form of social control
  3. Law is a rule of conduct, prescribed by the state (prov or country) commanding what is right and prohibiting what is wrong
  4. Set of rules allowing one to predict how a court would resolve a particular dispute
    - -Legal consequence, rules are not enforced by court
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4
Q

Stated simply (Simply stated?)

A

A series of rules that govern the relationships between individuals, rules that govern the state, relat. of business…

  1. Law is a protection, not a pitfall
  2. law is an instrument of liberation, Gives frredom, but restricts another’s
  3. Guide through the maze of human relationships
  4. Traditional view of law
  5. Sociological view of law
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5
Q

Why study law?

4. Legal Maxim

A
  1. Most daily activities involve law directly or indirectly
  2. Should be aware of rights and obligations
  3. Should be aware of how the law can protect you
  4. “IGNORANCE OF THE LAW IS NO EXCUSE”
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6
Q
  1. Traditional view of law

2. Sociological view of law

A
  1. view defines law as a body of rules that courts apply in settling disputes
  2. purpose of this law is to promote justice and stability in a society
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7
Q

The functions of Law (9)

A

-settle criminal matters
-settle civil (non-criminal) disputes
-protect private property
-settle contract disputes
-settle property disputes
-settle disputes regarding sales
-commercial paper
-business associates
-protect the state
(fix problems, misunderstandings)

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8
Q

Laws and Morals

A

-Law is what the courts or legislatures allow people to do
-Morals are principles of correct conduct based n customs and religion
–Ex of law that is also moral: Thou Shall Not Kill
–Ex of law with no morals: driving on the right side of the road
–Ex of morals that is not a law: letting a child play on a busy street
THERE IS NO ROOM IN JUSTICE FOR LOYALT,FRENSHIP OR LOVE. JUSTICE IS BLIND

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9
Q

Definitions of Law

  • Legal definition
  • Broad definition
  • Commercial and civil law
A
  • Law must apply to all even if it is complex
  • Body of principles and regulations enforceable in courts
  • Includes a body of standards and rules that govern the conduct and relationship of citizen and the state
  • The body of rules governing the legal relationships arising among people in their dealings with one another
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10
Q

Why do we need the law?

A
  • People do not have the same values
  • same morals
  • act only in self interest
  • society has become more complex
  • Larger society=bigger conflict
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11
Q

Why do we need lawyers?

A
  • represent clients
  • defend clients
  • advise clients
  • prosecute an accused
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12
Q

Why do we need judges?

A
  • are neutral
  • keep order in courtroom
  • listen to the lawyers and their case
  • determine sentence when needed
  • make final decision
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13
Q

why do we need courts?

A
  • common neutral place where ppl can settle disputes
  • place to seek justice
  • place for lawyers and judges do to the their job
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14
Q

Law provides a means for solving social problems, we ALSO need the law to:

A
  1. maintain order in society
  2. protect ourselves from others
  3. discourage people from hurting one another
  4. reduce property damage
  5. prevent conflict and chaos
  6. remove offenders from society to ensure safety
  7. seek justice and rehabilitation
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15
Q

Conclusions of law

-Values

A
  1. Gives us freedom but law also decides where one’s freedom stops and another’s begin
  2. law has to systemically provide proper steps and solutions to various problems
  3. Law also reflects values and beliefs in society, most people value their:

1.Lives
2.Property
Individual rights and freedoms

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16
Q
  1. What is just? meaning
  2. Impartial meaning
  3. Fair meaning
A
  1. What is reasonable, proper, righteous, deserved, lawful
  2. Treating and affecting everyone equally, without bias
  3. You’re impartial and honest. Make decisions free of prejudice, favoritism and self-interest
17
Q

Lady Justice attributes:

A
  1. Sword=battle injustice, justice is swift and final
  2. Blindfold: decisions without prejudice
  3. Snake= evil temptations and influences
  4. Book: Knowledge and help from law