MIE 305-Test 1
law - answer the body of rules governing individuals and their relationships; a form of
order; A body of rules of action or conduct prescribed by controlling authority, and
having binding legal force. That which must be obeyed and followed by citizens subject
to sanctions or legal consequences
public law - answer codified laws; statutes; law by governmental body; laws enacted by
some authorized governmental body: state constitutions, taxation, zoning laws
private law - answer rules created by individuals for their contracts, tenancy, and
employment; homeowners association, employer rules
criminal law - answerlaws regulating wrongful conduct and carrying sentences and
fines; a wrong against society: running a red light
civil law - answerlaws regulating harms and carrying damage remedies; wrong against
another person or persons; require restitution, pay damages if you hit a pedestrian
substantive laws - answerlaws giving rights and responsibilities; if a company gives you
a defective product, you have the right to expect good quality and could collect
damages
procedural laws - answerlaws that provide enforcement rights; provides the means for
enforcing substantive rights; laws governing the suit for substantive rights and trial
process are these. Also used in criminal cases such as grand jury proceedings or
arraignments and pleas
common law - answerlaw developed historically and by judicial precedent; uncodified
law-U.S. and England
stare decisis - answer"let the decision stand"; principle of following other decisions; still
followed today
statutory law - answercodified law; passed by some governmental body and written in
some form; exists at all levels of government
equity - answera body of law that attempts to do justice when the law does not provide a
remedy, when the remedy is inadequate, or when the application of the law is terribly
unfair; originated in England; formed because the technicalities of common law often
resulted in unresolved disputes or unfair resolutions
injunctions - answerorders prohibiting certain conduct or ordering certain acts
, brief - answera tool used by lawyers, law students, and judges to help them summarize
a case and focus on its facts and the key points of the decision of the court
jurisprudence - answer"wisdom of the law"; the study of different theories or value
bases for law
positive law - answerpeople who see law as simply written orders that we myst keep;
obedience so that we can have an orderly society
natural law - answerwe have certain rights that cannot be taken away by law; U.S. form
the protection of individuals and relationships - answerthe law is what keeps the peace
among us, and should we choose to ignore it, those around us will take control and
bring us into compliance
the social contract - answerlaw exists as the result of those who happen to be in power;
there is a type of social contract that we mutually honor
statues - answerwritten laws enacted by some governmental body with the proper
authority-legislatures, city governments, and counties- and published and made for
public use and knowledge; codified law
constitutions - answernot statutes because they cannot be added to, amended, or
repealed with the same ease as statutes; law of the people, and are changed only by
lengthier and more demanding procedures than those used to repeal statutes; protect
general rights such as speech religion and property; provide a framework for all other
forms of law
executive orders - answerlaws of the executive branch of the federal government and
deal with those matters under the direct control of that branch
state code - answercontains states' criminal laws, laws for incorporation, laws governing
partnerships, and contract laws
uniform laws - answerdrafted by groups of business people, scholars, and lawyers in an
effort to make interstate business lass complicated
Uniform Commercial Code - answeradopted in 49 states, governs contracts for the sale
of goods, commercial paper, security interests, and other types of commercial
transactions; gives businesses the opportunity to deal across state lines with some
certainty; Uniform Residential and Tenant Act
ordinances - answerstatutes within their areas of power and control; zoning issues,
curfews, dog licensing, etc.
law - answer the body of rules governing individuals and their relationships; a form of
order; A body of rules of action or conduct prescribed by controlling authority, and
having binding legal force. That which must be obeyed and followed by citizens subject
to sanctions or legal consequences
public law - answer codified laws; statutes; law by governmental body; laws enacted by
some authorized governmental body: state constitutions, taxation, zoning laws
private law - answer rules created by individuals for their contracts, tenancy, and
employment; homeowners association, employer rules
criminal law - answerlaws regulating wrongful conduct and carrying sentences and
fines; a wrong against society: running a red light
civil law - answerlaws regulating harms and carrying damage remedies; wrong against
another person or persons; require restitution, pay damages if you hit a pedestrian
substantive laws - answerlaws giving rights and responsibilities; if a company gives you
a defective product, you have the right to expect good quality and could collect
damages
procedural laws - answerlaws that provide enforcement rights; provides the means for
enforcing substantive rights; laws governing the suit for substantive rights and trial
process are these. Also used in criminal cases such as grand jury proceedings or
arraignments and pleas
common law - answerlaw developed historically and by judicial precedent; uncodified
law-U.S. and England
stare decisis - answer"let the decision stand"; principle of following other decisions; still
followed today
statutory law - answercodified law; passed by some governmental body and written in
some form; exists at all levels of government
equity - answera body of law that attempts to do justice when the law does not provide a
remedy, when the remedy is inadequate, or when the application of the law is terribly
unfair; originated in England; formed because the technicalities of common law often
resulted in unresolved disputes or unfair resolutions
injunctions - answerorders prohibiting certain conduct or ordering certain acts
, brief - answera tool used by lawyers, law students, and judges to help them summarize
a case and focus on its facts and the key points of the decision of the court
jurisprudence - answer"wisdom of the law"; the study of different theories or value
bases for law
positive law - answerpeople who see law as simply written orders that we myst keep;
obedience so that we can have an orderly society
natural law - answerwe have certain rights that cannot be taken away by law; U.S. form
the protection of individuals and relationships - answerthe law is what keeps the peace
among us, and should we choose to ignore it, those around us will take control and
bring us into compliance
the social contract - answerlaw exists as the result of those who happen to be in power;
there is a type of social contract that we mutually honor
statues - answerwritten laws enacted by some governmental body with the proper
authority-legislatures, city governments, and counties- and published and made for
public use and knowledge; codified law
constitutions - answernot statutes because they cannot be added to, amended, or
repealed with the same ease as statutes; law of the people, and are changed only by
lengthier and more demanding procedures than those used to repeal statutes; protect
general rights such as speech religion and property; provide a framework for all other
forms of law
executive orders - answerlaws of the executive branch of the federal government and
deal with those matters under the direct control of that branch
state code - answercontains states' criminal laws, laws for incorporation, laws governing
partnerships, and contract laws
uniform laws - answerdrafted by groups of business people, scholars, and lawyers in an
effort to make interstate business lass complicated
Uniform Commercial Code - answeradopted in 49 states, governs contracts for the sale
of goods, commercial paper, security interests, and other types of commercial
transactions; gives businesses the opportunity to deal across state lines with some
certainty; Uniform Residential and Tenant Act
ordinances - answerstatutes within their areas of power and control; zoning issues,
curfews, dog licensing, etc.
