Introduction to Law

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14 Terms

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Sources of law

The origins of legal rules, including legal statutes, court decisions, customary law, and legal writings.

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Trias politica

The principle of separation of powers into legislative, executive, and judicial branches.

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Positive law

Law that is currently applicable and enforceable that does not include legal writing

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Customary law

Unwritten law that is binding but often replaced by legislation or case law over time.

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Legal actors

Entities such as natural persons (individuals) and legal persons (companies) that have rights and obligations under the law.

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Public law vs. Private law

Public law governs the relationship between the state and individuals, while private law governs relationships among private parties.

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Legal rights

Entitlements based on legal rules that provide individuals with claims or protections.

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Civil law

A legal system based on written codes and statutes, derived from Roman law.

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Common law

A legal system based on case law and judicial precedents rather than written statutes.

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Summa divisio

principal classification in law such as the division between public law and private law

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Tort law

the area of civil law that deals with "civil wrongs" causing harm or loss to individuals, where the injured party can seek compensation for damages

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ius commune

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stare decisis

the legal principle of determining points in litigation according to precedent

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Dura lex, sed lex

roman maxim used to justify the enforcement of a law; the law is harsh, but it is the law

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