Terminology, Morals, Why do we need law, definitions Flashcards
Definitions of:
- Amend
- Enacted
- Legislature
- Senate
- Alibi
- To change for the better; (improve ,correct, reform)
- To make into a law, law put in place (perform, carry out)
- Persons empowered to make laws for nation
- Upper branch of national legislative bodies of a gov.
- Defense that places the accused at a time or place instead of the crime.
- Rule of Law
- Rule of precedent
- Satute Law
- Common Law
- Codify
- 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
- STARE DECISIS Legal principle where court cases with similar facts result in similar decisions; same rule=same punishment
- Law in written form and quite specific in its intent. Laws passed by different levels of government
- CASE LAW principles, customs, traditions
- Write down laws, systematically file them according to topic
What is law?
- legal rule
- form of social control
- Law is a rule of conduct, prescribed by the state (prov or country) commanding what is right and prohibiting what is wrong
- Set of rules allowing one to predict how a court would resolve a particular dispute
- -Legal consequence, rules are not enforced by court
Stated simply (Simply stated?)
A series of rules that govern the relationships between individuals, rules that govern the state, relat. of business…
- Law is a protection, not a pitfall
- law is an instrument of liberation, Gives frredom, but restricts another’s
- Guide through the maze of human relationships
- Traditional view of law
- Sociological view of law
Why study law?
4. Legal Maxim
- Most daily activities involve law directly or indirectly
- Should be aware of rights and obligations
- Should be aware of how the law can protect you
- “IGNORANCE OF THE LAW IS NO EXCUSE”
- Traditional view of law
2. Sociological view of law
- view defines law as a body of rules that courts apply in settling disputes
- purpose of this law is to promote justice and stability in a society
The functions of Law (9)
-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)
Laws and Morals
-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
Definitions of Law
- Legal definition
- Broad definition
- Commercial and civil law
- 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
Why do we need the law?
- People do not have the same values
- same morals
- act only in self interest
- society has become more complex
- Larger society=bigger conflict
Why do we need lawyers?
- represent clients
- defend clients
- advise clients
- prosecute an accused
Why do we need judges?
- are neutral
- keep order in courtroom
- listen to the lawyers and their case
- determine sentence when needed
- make final decision
why do we need courts?
- common neutral place where ppl can settle disputes
- place to seek justice
- place for lawyers and judges do to the their job
Law provides a means for solving social problems, we ALSO need the law to:
- maintain order in society
- protect ourselves from others
- discourage people from hurting one another
- reduce property damage
- prevent conflict and chaos
- remove offenders from society to ensure safety
- seek justice and rehabilitation
Conclusions of law
-Values
- Gives us freedom but law also decides where one’s freedom stops and another’s begin
- law has to systemically provide proper steps and solutions to various problems
- Law also reflects values and beliefs in society, most people value their:
1.Lives
2.Property
Individual rights and freedoms