Week 1 Flashcards
What is the Constitution?
Fundamental law of a nation or state.
What are Statutes?
Laws enacted by legislative bodies.
What are Regulations?
Rules created by administrative agencies.
What is Case Law/Common Law?
Law developed through court decisions.
What is Precedent?
A prior court decision that guides future cases.
What is Civil Law?
Law governing disputes between individuals or organizations.
What is Criminal Law?
Law dealing with offenses against society.
What is Public Law?
Law governing relationships between individuals and the government.
What is Private Law?
Law governing relationships between individuals.
What is Procedural Law?
Rules governing how legal matters are handled.
What is Substantive Law?
Defines rights, duties, and obligations.
What is Natural Law?
Law is based on inherent morality and ethics.
What is Legal Positivism?
Law is created by human authority and is separate from morality.
What is Legal Realism?
Focuses on how law is applied in real-world situations, emphasizing judges’ roles.
What is Critical Legal Studies?
Challenges traditional legal assumptions, often focusing on power structures.
What is Feminist Legal Theory?
Examines how law has been used to oppress women and seeks to create a more equitable legal system.
What is Law and Economics?
Applies economic principles to analyze legal rules and decisions.
What legal system did many colonial charters recognize as the basis for the colony’s legal system?
English common law
Colonial charters were foundational documents that outlined the governance and legal framework for the colonies.
What did the colonists establish that followed the precedent set by English courts?
Their own courts
This establishment allowed colonists to administer justice based on familiar legal principles.
How was English common law adapted in the colonies?
To fit unique conditions
Adaptations included considerations for land ownership patterns and the economic activities specific to each colony.
What was the impact of the Revolutionary War on the reliance on common law in the United States?
Continued reliance on common law principles
The newly formed United States maintained many common law concepts in the Constitution and subsequent laws.
Fill in the blank: Many colonial charters explicitly recognized _______ as the basis for the colony’s legal system.
English common law
True or False: The newly formed United States completely abandoned common law principles after independence.
False
The U.S. continued to incorporate common law concepts in its legal framework.
