Chapter 1 LEGL 2700

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Rule of Law

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Concept that says laws are made equally applicable; nobody is above the law.

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3 Concepts to establish framework for an effective market

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Law, Rule of Law, Property

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23 Terms

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Rule of Law

Concept that says laws are made equally applicable; nobody is above the law.

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3 Concepts to establish framework for an effective market

Law, Rule of Law, Property

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4 Principles that define Rule of Law

Accountability

Clarity

Process by which laws are enacted administered and enforced

Justice delivered timely.

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Property

A legal right that allows you to exclude others from your resources

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Classifications of Law

Common vs. Civil

Public vs. Private

Civil vs. Criminal

Substantive vs. Procedural

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Common Law

Emphasizes role of judges in interpreting and applying law based on precedents.

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Civil Law

Relies on legislation to determine what the law is

Not obligated to follow prior judicial decisions

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Common Law Pros

Laws can be concise

Judges follow interpretation of law in prior cases

Ensures certainty, stability and predictability in the law

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Common Law Cons

Volume of Cases

Conflicting Precedents

Increased difficulty of determining precedent

Distinction between holding and dicta

Rejection of precedent

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Public Law

Regulation of society

Government Represents Society

Includes constitutional law, administrative law and criminal law

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Private Law

Regulation of private resources

Includes, property, contract and tort law

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In Civil Law

Individuals sue for damages or other appropriate relief

Monetary punishment

Ex - Breach of Contract

Tort Law

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Criminal Law

Government brings a lawsuit to prove a wrong committed against society

Sanctions can include prison and the death penalty

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Substantive Law

Defines the legal relationship of people with other people or people and the state

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Procedural Law

Deals with the methods by which substantive law is made and administered

Ex - Time that is allowed to sue somebody

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3 Sources of Law

Federal Law

State Law

Case Law

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US constitution is…

The supreme law of the nation

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Federal Law

U.S Constitution

Legislation passed by congress

Administrative Law of Regulations

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State Law

State constitution

statutes of acts adopted by state legislature

Ordinances

Regulatory law of state administrative agencies

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Case Law

Decisions made by judges

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Opinions

Written decisions of judges

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Precedent

A prior judicial decision

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Citations

Reference for identifying how to find a case