LEGL 2700 FINAL EXAM UPDATED ACTUAL Questions and
CORRECT Answers
Law intended to tell members of a society what they can and cannot do
made of of rules and these rules are laid down by the state and backed up by
enforcement
Rule of Law laws that are made generally and equally applicable
apply to all members of society / nobody is above the law
Property ownership
the right to turn to public authorities to help you keep others from interfering with
what you own
private (own as an individual)
common ( joint ownership like land)
Exclusionary Right property included an ownership of individual constitutional and human rights in
ourselves that excludes the state from interfering with these rights (John Locke)
Jurisprudence philosophies of law
natural, positive, historical, sociological, legal realism
Natural Law law contains universal moral principles
observable in nature and determined through human reason
John Locke
formalism
Positive Law the commands of the state backed by force and punishment
Jeremy Bentham
consequentialism
Historical School emphasizes that contemporary law should focus on legal principles that have
withstood the test of time in a nation
different nations may have different traditions and laws
Friedrich Savigny
Sociological Law law can and should change to meet new developments
ex: 2nd Amendment was written when a person that was highly trained only had
means of a 25lb rifle that could only fire 2 rounds a minute
Legal Realism enforce, interpret, and apply
"law is what officials do about it"
ex: speed limit
, Classifications of Law common law vs. civil law
public law vs. private law
criminal law vs. civil law
substantive law vs. procedural law
Common Law emphasizes the roles of judges in determining the meanings of laws and how they
apply
judicial decisions become precedents
judges can invalidate legislation
Civil Law relies more on legislation than judicial decisions for law
similar to common in that courts decide the facts in a disputed case BUT these
courts do not necessarily follow precedents
judges don't play as large of a role
Public Law includes matters that involve the regulation of society
government official represents the people
constitutional law: involves interpretation and application of either federal or state
constitutions
administrative law: covers the legal principles that apply to government agencies
criminal law: specifies various offenses against the proper oder of the state
Private Law covers those legal problems and issues that concern your private resource
relationships with other people
property law: involves recognition of exclusive right in tangible and intangible
resources
contract law: covers the rules of how owners transfer resources by exchanging
them
tort law: establishes rules for compensation when an owner's legal boundaries are
wrongfully crossed
Criminal Law involve a representative of government attempting to prove the wrong committed
against society
involves punishment of wrongdoer
Civil Law may include suits for breach of contract or tort cases
involves a request for damages or appropriate relief that does not involve
punishment of wrongdoer
Substantive Law defines the legal relationship of people with other people or between them and
the state
Procedural Law deals with method and means by which substantive law is made and administered
ex: time allowed for a party to sue
Federal Law any law that conflicts with the Constitution is said to be void and has no legal
effect
legislation, also called "acts" or "suits"
State Law all federal law prevails over state law
hierarchy of law sources: state constitution, statutes or acts, regulatory law, and
county/city ordinances
CORRECT Answers
Law intended to tell members of a society what they can and cannot do
made of of rules and these rules are laid down by the state and backed up by
enforcement
Rule of Law laws that are made generally and equally applicable
apply to all members of society / nobody is above the law
Property ownership
the right to turn to public authorities to help you keep others from interfering with
what you own
private (own as an individual)
common ( joint ownership like land)
Exclusionary Right property included an ownership of individual constitutional and human rights in
ourselves that excludes the state from interfering with these rights (John Locke)
Jurisprudence philosophies of law
natural, positive, historical, sociological, legal realism
Natural Law law contains universal moral principles
observable in nature and determined through human reason
John Locke
formalism
Positive Law the commands of the state backed by force and punishment
Jeremy Bentham
consequentialism
Historical School emphasizes that contemporary law should focus on legal principles that have
withstood the test of time in a nation
different nations may have different traditions and laws
Friedrich Savigny
Sociological Law law can and should change to meet new developments
ex: 2nd Amendment was written when a person that was highly trained only had
means of a 25lb rifle that could only fire 2 rounds a minute
Legal Realism enforce, interpret, and apply
"law is what officials do about it"
ex: speed limit
, Classifications of Law common law vs. civil law
public law vs. private law
criminal law vs. civil law
substantive law vs. procedural law
Common Law emphasizes the roles of judges in determining the meanings of laws and how they
apply
judicial decisions become precedents
judges can invalidate legislation
Civil Law relies more on legislation than judicial decisions for law
similar to common in that courts decide the facts in a disputed case BUT these
courts do not necessarily follow precedents
judges don't play as large of a role
Public Law includes matters that involve the regulation of society
government official represents the people
constitutional law: involves interpretation and application of either federal or state
constitutions
administrative law: covers the legal principles that apply to government agencies
criminal law: specifies various offenses against the proper oder of the state
Private Law covers those legal problems and issues that concern your private resource
relationships with other people
property law: involves recognition of exclusive right in tangible and intangible
resources
contract law: covers the rules of how owners transfer resources by exchanging
them
tort law: establishes rules for compensation when an owner's legal boundaries are
wrongfully crossed
Criminal Law involve a representative of government attempting to prove the wrong committed
against society
involves punishment of wrongdoer
Civil Law may include suits for breach of contract or tort cases
involves a request for damages or appropriate relief that does not involve
punishment of wrongdoer
Substantive Law defines the legal relationship of people with other people or between them and
the state
Procedural Law deals with method and means by which substantive law is made and administered
ex: time allowed for a party to sue
Federal Law any law that conflicts with the Constitution is said to be void and has no legal
effect
legislation, also called "acts" or "suits"
State Law all federal law prevails over state law
hierarchy of law sources: state constitution, statutes or acts, regulatory law, and
county/city ordinances
