What is Law?

Question 1

Where does civil law trace back to?

Answer 1

The oldest system of law tracing back to Roman empire.

Question 2

What is Civil law characterized by?

Answer 2

written laws/codes that govern society

Question 3

What is the role of judges and lawyers in Civil Law?

Answer 3

Judges ask questions (more involved)
Lawyers not dominant or adversarial

Question 4

How are statutes interpreted in Civil Law?

Answer 4

Broad interpretation

Question 5

Where does Common Law trace back to?

Answer 5

Connections w/ England

Question 6

How is Common law characterized?

Answer 6

Laws/customs/regulations apply to entire nation

Question 7

Who makes laws in Common law?

Answer 7

Judge-made law

Question 8

What kind of trial system does Common law have?

Answer 8

Adversarial Trial System

Question 9

What is common law like today?

Answer 9

Written laws but ruling of judges sets precedent

Question 10

What are the two key elements of adversarial trial system?

Answer 10

Party prosecution & neutral decision-making

Question 11

What is party prosecution?

Answer 11

Prosecuting attorney vs. Defense

Question 12

What are the 4 sources of law?

Answer 12

1. Constitution + Bill of Rights (+ State Constitutions)
2. Statutes = Federal or state level
3. Administrative regulations
4. Past judicial decisions

Question 13

What is public law?

Answer 13

Law directly involving government or state

Question 14

What is private law?

Answer 14

Relationships between 2 private individuals

Question 15

Is criminal law public or private?

Answer 15

Public

Question 16

Is tort law and property law public or private?

Answer 16

Private

Question 17

What is Civil law?

Answer 17

Private suit between 2 individuals

Question 18

What is Criminal law?

Answer 18

Violations of a govt.’s penal law

Question 19

What is substantive law?

Answer 19

Defines a legally protected right

Question 20

What is Procedural law?

Answer 20

Establishes methods to enforce rights

Question 21

What are remedies?

Answer 21

Relief granted by court

Question 22

What is a Declaratory Remedy?

Answer 22

Judgement; Court decides there’s not enough evidence

Question 23

What is Restitution?

Answer 23

Monetary; gain back money you lost

Question 24

What is an Injunction?

Answer 24

Court order to stop a party from doing something (agencies or laws)

Question 25

What is a compensatory remedy?

Answer 25

Compensated for attorney fees and additional monetary costs on top of restitution

Question 26

What are punitive remedies?

Answer 26

Monetary punishment; One party must pay the other.