Introduction to Law and Legal Theories

Vocabulary flashcards based on lecture material covering basic legal definitions, categories of rules, justice models, legal philosophies, and procedural versus substantive law.

Law

A system of enforceable rules that governs the relationship between individual members of society and between those individuals and the society itself.

General Norms and Standards of Behaviour

A type of legal rule prohibiting certain activities, such as murder or dangerous driving.

Condition Rules

Requirements that must be met for certain activities, such as obtaining a driver's or business license.

Power Conferring Rules

Rules that allow individuals to define their own legal relationships, such as wills and contracts.

Conjunctive Rule

A legal rule structure where conditions are joined by an "and".

Disjunctive Rule

A legal rule structure where conditions are joined by an "or".

Enforceability

The characteristic that sets law apart from moral, ethical, or religious rules, carried out through government agencies such as police forces, regulatory boards, and courts.

Corrective Justice

A model of justice mostly seen in private law, based on the principle that people are morally responsible for harm they cause and must fix or pay for that damage.

Retributive Justice

A model of justice related to criminal law and the perceived need for punishment, described by the saying "an eye for an eye".

Distributive Justice

A model of justice common in public law matters that focuses on how resources and rights are distributed across society.

Morality

Personal ideas of right and wrong linked to individual character.

Ethics

Shared standards of conduct applied to a specific professional group, such as lawyers or professors.

Natural Law Theory

A legal theory stating that the true source of law is higher than human law, representing a higher power guiding human behaviour with ideal moral standards, with Aristotle as an early founder.

Legal Positivism

Law made by humans, as opposed to higher natural law, which analyzes and evaluates legal systems directly without applying moral judgement.

Legal Realism

A legal theory that promotes a practical, real-world study of how laws are actually created and enforced.

Rule of Law

A legal doctrine originating from the English Magna Carta holding three principles: law must be supreme over arbitrary power, law applies equally to all people, and anyone whose rights have been violated can seek remedy in court.

Substantive Law

The branch of law that defines core rights and legal duties of individuals.

Procedural Law

The body of rules that outlines the process for enforcing core rights and duties in court.