What is Law? Lecture # 1 Flashcards
What is law?
A body of rules enacted by public officials in a legitimate manner and backed by the force of the state.
How does law affect our daily lives?
It regulates public and private institutions that are central to our lives.
Does the definition of law always include justice?
A: No, justice is fairness in treatment by the law, but it is not necessarily included in definitions of law.
How is justice interpreted differently?
Justice can mean winning, achieving desired results, or being based on normative values.
What are the major legal systems?
Civil Law, Socialist Law, Islamic Law, and Common Law.
What are key features of Civil Law?
- Based on written codes
- Judges dominate hearings
- Juries are not generally used
What defines Socialist Law?
- Originated in the Soviet Union
- Law is used to create a radically different society
- Private property has less protection
What is Islamic Law?
- Based on the Qur’an (God’s principles) and Sunna (Muhammad’s practices and decisions)
- Religious principles influence the legal system
What is Common Law?
- Originated in medieval England
- Based on judicial decisions rather than codes
- Includes principles like precedent and judge-made law
How does Equity relate to Common Law?
Equity developed to provide fair remedies where common law was too rigid.
What is the Adversary System in Common Law?
- A neutral judge presides over a legal battle between opposing parties
- Parties are responsible for calling witnesses and defining legal issues
What are the key sources of law?
- Constitutions (establish principles and government structure)
- Statutes (laws enacted by Parliament)
- Administrative Regulations (rules from government agencies)
- Judicial Decisions (case law from appellate courts)
What is the difference between Public and Private Law?
- Public Law: Involves government (e.g., constitutional, criminal, administrative law).
- Private Law: Governs relationships between individuals (e.g., contracts, torts).
What distinguishes Civil Law from Criminal Law?
- Civil Law: Disputes between private parties, with compensation as a remedy.
- Criminal Law: Involves violations of penal laws, with punishment such as fines or prison.
What are the types of legal remedies?
- Judgment: A court’s decision.
- Declaratory Judgment: A determination of legal rights.
- Restitution: Returning property or money.
- Compensatory Damages: Payments for actual harm.
- Punitive Damages: Extra payments to punish wrongful conduct.
- Injunction: A court order to act or refrain from an action.
What is the difference between Substantive and Procedural Law?
- Substantive Law: Defines legal rights and duties (e.g., contracts, torts).
- Procedural Law: Establishes rules for enforcing legal rights (e.g., due process).
Why is interpreting the law complex?
The law is not a set of precise rules; judges and lawyers must interpret constitutions, statutes, and precedents.
What challenges arise in legal interpretation?
- Vague language in laws
- Conflicting laws that require resolution
- Gaps in the law where courts must decide new legal issues
What is “stare decisis”?
The principle that courts follow precedent to ensure stability in the law.
How does Jamaica’s legal system differ from Civil Law traditions?
- It follows Common Law principles.
- It is adversarial, relying on judges and juries.
What is “police power” in legal terms?
The government’s authority to regulate behavior for public welfare.
What is “substantive due process”?
Laws must serve a legitimate governmental purpose and have a rational relationship to public welfare.
What is “substantive due process”?
Laws must serve a legitimate governmental purpose and have a rational relationship to public welfare.
What is “equal protection” in constitutional law?
The principle that people in similar situations must be treated equally under the law.
