law - -made up of rules; these rules positive law - -law is simply the
are laid down by the state and backed up by commands of the state backed up by force
law enforcement and punishments; contrary to natural law
rule of law - -laws that are made are historical school of law - -
generally and equally applicable; apply to all contemporary law should focus on legal
or most members of society and they apply principles that have withstood the test of
to various groups in the same way time in a nation; law reflects the cultural
traditions of a people and recognizes that
different nations may have different
property - -something that is owned; traditions
ownership
sociological jurisprudence - -law can
ownership - -the right to turn to public and should change to meet new
authorities to help you keep others from developments in society
interfering with what you own
legal realism - -tries to go beyond the
public property - -applies to resources words of law to examine what police,
owned by the government (roads, public administrators, prosecutors, and judges are
buildings, public lands, monuments) actually doing as they enforce, interpret, and
apply laws
private property - -applies to
resources owned by an individual common law - -emphasizes the role of
judges in determining the meaning of laws
and how they apply
common property - -resources owned
by more than one individual jointly
civil law - -relies more on legislation
than judicial decisions to determine what the
jurisprudence - -philosophies of law law is
natural law - -law contains universal precedents - -prior judicial decisions
moral principles that are observable in
nature and determined through human
reason (John Locke) public law - -includes matters that
involve the regulation of society as opposed
to individuals interacting
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, LEGL 2700 Roessing Test 1 Questions and Answers
substantive law - -defines the legal
relationship of people with other people or
constitutional law - -involves the between them and the state
interpretation and application of either the
federal or state constitutions
procedural law - -deals with the
method and means by which substantive law
administrative law - -covers the legal is made and administered
principles that apply to government
agencies, bureaus, boards, or commissions
constitution - -highest authority of law
criminal law - -specifies various
offenses against the proper order of the legislation - -acts, statutes; state laws
state
ordinances - -law in the cities and
private law - -covers legal problems counties
and issues that concern your private
resource relationships with other people
stare decisis - -"let the prior decision
stand"; doctrine of prior precedents
property law - -involves the
recognition of exclusive right in both tangible
and intangible resources (land, goods, holding - -precisely what was
copyrights, trademarks, patents, and trade necessary to the decision reached
secrets)
dicta - -all extra things said in court
contract law - -covers the rules of how
owners transfer resources by exchanging
them; enforceable promises to exchange disadvantages of case law - -volume of
resources in the future cases, conflicting precedents, dicta,
rejection of precedent, conflicts of law
tort law - -establishes rules for
compensation when an owner's legal constitutional relativity - -the idea that
boundaries are wrongfully crossed by courts should understand the meaning of the
another; often requires actual injury to the Constitution relative to the times in which
owner's resources they interpret it
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