Chapter 1-Legal Reasoning (B2537269xA047C)

Functions of Law

Keep the peace, enforce rules that maintain order, facilitate planning and orderly change, promote justice, and provide a basis for compromise.

Substantive Law

Sets out rights and duties governing individuals and property as they act in society.

Procedural Law

Establishes the rules and processes to be followed in enforcing substantive law.

Criminal Law

Defines breaches of duty or obligation to society, where individuals are punished for violating written laws.

Civil Law

Establishes private duties individuals or corporations owe to each other.

Federalism

The division of power between the central government and the states.

Commerce Clause

Regulates interstate and foreign commerce.

Bill of Rights

The first ten amendments to the Constitution that outline individual rights.

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

Common Law

A body of law developed through judicial decisions, rather than statutes.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Adversary System

A legal system where each party has legal counsel to present their case.

Preventive Law

The practice of law aimed at preventing legal problems through planning.