Law - Answers body of rules of action or conduct prescribed by controlling authority and having
binding legal force. obeyed and followed by citizens subject to sanctions or legal consequences.
Forbids persons from engaging is certain undesirable activities. Made by authority
If you break the law you - Answers are subject to consequence by either jail or if it is civil, you lose
license.
Functions of Law - Answers keeping the peace (main)
shaping moral standards
promoting social justice
maintaining the status quo
facilitating orderly change
facilitating planning
provide a basis for compromise (important)
maximizing individual freedom
Fairness of the Law - Answers U.S. Legal System is one of the most comprehensive, fair, and
democratic systems ever developed and enforced.
Misuses and oversights of the law - Answers allow some guilty parties to go unpunished.
-abuses of discretion and mistakes by judges and juries.
-unequal applications of the law.
-procedural mishaps.
Flexibility of the Law - Answers U.S. law evolves and changes along with: norms of society,
technology, and growth and expansion of commerce in the U.S. and the world.
Jurisprudence - Answers philosophy or science of the law
Schools of Jurisprudential Thought - Answers Nature Law School
Historical School
Analytical School
Sociological School
Command School
Critical Legal Studies School
Law and Economics School
Nature Law School - Answers based on what is correct
Historical School - Answers law is an aggregate of social traditions and customs
Analytical School - Answers shaped by logic
Sociological School - Answers law is a means of achieving and advancing certain sociological goals.
Command School - Answers law is a set of rules developed, communicated, and enforced by the
ruling party.
Critical Legal Studies School - Answers legal rules are unnecessary and are used as an obstacle by the
powerful to maintain the status quo.
Law and Economics School - Answers promoting market efficiency should be the central concern of
legal decision making (Chicago School)
English Common Law - Answers -developed by judges who issued their opinions when deciding a
case.
-divided into cases decided by the law courts, equity courts, and merchant courts.
-not efficient, civil law better.
Law Courts (English Common Law) - Answers -formed to maintain one uniform system of law.
-to be accomplished by loyal followers appointed as judges in local areas.
-during this time, law tended to emphasize form over substance of a case.
Equity Courts (English Common Law) - Answers -established due to unfair results and limited
remedies available in the law courts.
-administered under the authority of the Lord Chancellor.
-inquired into the merits of the case rather than emphasizing legal procedure.
-(Court of Chancery)
Merchant Courts (English Common Law) - Answers established to administer the "law of merchants"
Law Merchant - Answers -based on common trade practices and usage.
-developed by merchants who traveled about England and Europe to solve commercial disputes.
Constitutions - Answers -federal one and every state has one