BUS LAW 1

Law

A rule of civil conduct

prescribed by the state(government)

Commanding what is right or wrong

What are some function/purposes that the law serves?

Maintain stability in the social, political, and economic system through dispute resolution

Protection or property

Preservation of the state

Predict how others will behave

Promote social justice

Guarantee individual freedoms

Facilitate olderly change

Maintain status quo

what is jurisprudence?

the philosophy of law, where does the law comes from

what are the different schools of law?

Natural law school

Historical School

Analytic School

Sociological school

Command school

Critical legal studies school

What are the differences between the civil law and common law?

Civil law: has a roman heritage, statutory law is primary, has inquisitorial system: judge takes active role in case

Common law: English heritage, judges make the law, and adversarial system: judged are neutral in the case.

what are the characteristics of the major historical periods in the common law system?

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what does “stare decisis” mean?

to stand as decided

public law

involves a person’s relationship to the state and it deals with fundamental rights

private law

Involves a person’s relation to another who is not in the state and it deals with economic matters

substantive law

it deals with what the rules are

procedural law

deals with how the rules are enforced

criminal law

The outcome in intended to punish (penalties)

civil law

the outcome is intended to make a party whole (remedies)

what are the sources of the law and where d you find them?

The constitution

Jurisdiction

• Power of a court to decide a dispute

  • Judgments of courts without jurisdiction are null and void

subject matter jurisdiction

Jurisdiction over the “thing” in dispute

Court must have some interest (link) in the subject matter.

personal jurisdiction

The defendant is a resident of the state at the same time summons is served or the defendant is physically present in the state

Rem jurisdiction

Requires that the court only have subject matter jurisdiction. Location of the defendant is unknown, and it only deals with status issues.