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Primary sources of law - ✔✔Legally binding rules and procedures; include
federal and state constitutions, statutes, admin. agency regulations, court
decisions, federal treaties, city ordinances
Secondary sources of law - ✔✔Not legally binding; made up of research
articles in academic legal periodicals, restatements, legal
texts/encyclopedias, and others
Rule-oriented approach to law - ✔✔views the law as consisting of the rules
that are in effect within a state or nation at a given time
Process-oriented approach - ✔✔sees the law in a broader light: The
processes by which the rules and principles are formulated (rather than the
rules and principles themselves) constitute the major element of law.
Legal rules must be: - ✔✔(1) relatively certain, (2) relatively flexible, (3)
known or knowable, and (4) apparently reasonable
Most of our law is _______ (national/local) - ✔✔local (state)
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, common law - ✔✔all the rules and principles currently existing in any state,
regardless of their historical origin, that result from judicial decisions in
those areas of law where legislatures have not enacted comprehensive
statutes.
statutory law - ✔✔rules that have been formally adopted by legislative
bodies rather than by the courts.
civil laws - ✔✔laws that spell out the rights and duties existing among
individuals, business firms, and sometimes even government agencies.
Contract law, tort law, and sales law all fall within the ________ category. -
✔✔civil
injunction - ✔✔a court degree ordering the defendant to do or not to do
some particular thing
3 differences between laws and morals - ✔✔(1) sometimes moral
standards are higher than what the law requires (2) sometimes the law
imposes higher standards than our morals (3) many court cases are based
solely on statutory or practical requirements that have little or no
relationship to moral considerations.
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