Questions and Answers 100% Correct
Law - ✔✔made up of rules laid down by state and backed by enforcement
-written social force
-mean nothing w/o enforcement
Rule of Law - ✔✔-laws are made generally and apply to everyone equally
-necessary for strong and diverse economies
-transparency in business
Property - ✔✔ownership-allows you to exclude others without your
permission
Common Property - ✔✔resources like land that multiple people own
Contract Law - ✔✔enables an owner to exchange resources (bills of sale,
employment agreements)
Tort Law - ✔✔compensates owners whose resources are wrongfully
harmed by the actions of others (trespassing, assault, etc)
Criminal law - ✔✔punishes those who harm owners property
-about deterrence, not compensation
,jurisprudence - ✔✔the philosophy of law
natural law jurisprudence - ✔✔universal moral principles, evident in
nature/human reason
positive law jurisprudence - ✔✔command of the state backed by force and
punishment
-criminal code
historical school of jurisprudence - ✔✔legal principles that have stood the
test of time
sociological jurisprudence - ✔✔law should change w society
legal realism jurisprudence - ✔✔goes beyond words of law and looks at law
enforcement and how they work
common law - ✔✔emphasizes the role of judges in determining law
meaning
civil law - ✔✔relies on legislation to determine what the law is
public law - ✔✔constitutional law
administrative law
criminal law`
private law - ✔✔property law
contract law
, tort law(suing)
substantive law - ✔✔legal relationship between people and state
-what you can and cant do
procedural law - ✔✔methods and means by which substantive law is made
and administered
- tells you what happens when a law is broken, sanctions
federal law - ✔✔constitution > legislation(acts,statutes,codes) >
administrative law(EPA, protect business) > state law
state laws - ✔✔below federal law,
-state constitutions
-state statutes
-state administrative regulation
-local ordinances in cities
-case law
case law - ✔✔judicial decisions
stare decisis - ✔✔follow precedent
disadvantages of case law - ✔✔1. volume of cases
2. conflicting precedents- no confidence in certainty of law
3. dicta