LEGL 2700 HACKLEMAN FINAL
Three main concepts for a functioning marketplace - Answers - law, rule of law, property
law - Answers - most significant and formal legal force
Rule of Law - Answers - laws are equally applicable to everyone, they must be enforced
against everyone the same way. This is the key to a wealthy nation
property - Answers - right of ownership, right to exclude others from what you
originally/rightfully own or lawfully acquired (legal fence)
three main types of property - Answers - public, private, common
public property - Answers - any good that is owned by the government, public resources
like parks, monuments etc..)
Public Law - Answers - government regulating society and includes constitutional,
administrative, and criminal law.
Constitutional Law - Answers - type of public law, involves interpreting and apply either
state or federal constitutions to matters
Administrative Law - Answers - type of public law, includes and covers the leal
principles that apply to the bureaucracy (government/administrative agencies, bureaus,
boards, commissions)
Criminal Law - Answers - type of public law, addresses wrongs of society and offenses
against the order of the state
Private Law - Answers - law that involves suits between private individuals or groups.
Issues in-between people and includes property, contract, and tort law.
property law - Answers - type of private law, exclusive rights to both tangible and
intangible resources
Contract Law - Answers - type of private law, set of laws that specify what constitutes a
legally enforceable agreement. explains how resources are exchanged between two
people.
Tort Law - Answers - type of private law, establishes rules for compensation when
someone's legal boundaries are wrongfully crossed by another person
Law of Business Organizations - Answers - identifies how individuals can own and use
private resources in groups
,Civil vs. Criminal Law - Answers - Criminal laws regulate crimes, or wrongs committed
against the government. Civil laws regulate disputes between private parties. Civil
cases include suits between other people, without government intervention, whereas
criminal cases always involve a government representative attempting to prove the
defendant committed a wrong against society and is seeking to have the defendant
punished by "societies standards"
Substansive Law - Answers - Law category that defines, describes and regulates the
legal question you need answered (by the court)
private property - Answers - property owned by individuals or companies, not by the
government or the people as a whole
common property - Answers - things owned by more than one person
Common Law System - Answers - system that cares about what other judges have
said, rely on precedence, vote on new cases based on similar old ones
Civil Law System - Answers - system that cares less about the past and more about
how each judge has the right to interpret the law as they choose
Louisiana is the only state in the United States that follows a ________ law system. -
Answers - quasi-civil law system
Procedural Law - Answers - Law that establishes the methods and means of enforcing
the rights established by substantive law. Describes the machinery that will get you to
the question at hand.
jurisprudence - Answers - philosophies that explain the origin of law, and it's
justification. There are five of these theories: natural law, positive law, historical school,
sociological, legal realism.
Natural Law Theory - Answers - type of jurisprudence; universal moral principles, laws
must align with nature
Positive Law Theory - Answers - type of jurisprudence; command of government to
create and enforcement what they feel is right
Historical School Theory - Answers - type of jurisprudence; the law reflects culture and
customs of certain people, must vary by location
Sociological Theory - Answers - type of jurisprudence; law must meets the needs of
society
Legal Realism Theory - Answers - type of jurisprudence; the law is only the law if
enforced
, Sources of Law (in hierarchical order) - Answers - federal law
state law
judicial decisions/case law
Federal Law Hierarchy - Answers - US constitution
legislation (congress)
administrative laws and regulations
State Law Hierarchy - Answers - state constitution
statutes/acts
regulatory laws by state administration
city ordinances
order/opinion - Answers - decisions made by judges on legal issues
precedents - Answers - opinions from prior (decided) cases now become ______ for
new cases with similar facts and legal issues
stare decisis - Answers - "let the decision stand" doctrine of prior precedents where
judges should follow the precedent whenever possible
advantages to case law reliance - Answers - stare decisis
ensures predictability in the court system
specifies boundaries of the legal system
vertical authority - Answers - Supreme Court—> Appellate Court—> Trial Court
whatever supreme court says goes, as a judge, your precedent comes from who is
above you in the hierarchy
horizontal authority - Answers - judges looking for advice can look to other similar cases
in different states to see what their rulings were, but they are not bound by precedent in
this case
disadvantages to case law reliance - Answers - volume of cases
conflicting precedents
rejection of precedent
conflicts of law (vertical/horizontal)
holding vs dicta increases difficulty determining what was ruled/what precedent was set
holding - Answers - The precise information coming from that court that explicitly
answers the question that was asked, what is actually decided on
dicta - Answers - statements made in a judicial opinion that are not essential to the
decision of the case, everything else the court chooses to address in the opinion
statements
Three main concepts for a functioning marketplace - Answers - law, rule of law, property
law - Answers - most significant and formal legal force
Rule of Law - Answers - laws are equally applicable to everyone, they must be enforced
against everyone the same way. This is the key to a wealthy nation
property - Answers - right of ownership, right to exclude others from what you
originally/rightfully own or lawfully acquired (legal fence)
three main types of property - Answers - public, private, common
public property - Answers - any good that is owned by the government, public resources
like parks, monuments etc..)
Public Law - Answers - government regulating society and includes constitutional,
administrative, and criminal law.
Constitutional Law - Answers - type of public law, involves interpreting and apply either
state or federal constitutions to matters
Administrative Law - Answers - type of public law, includes and covers the leal
principles that apply to the bureaucracy (government/administrative agencies, bureaus,
boards, commissions)
Criminal Law - Answers - type of public law, addresses wrongs of society and offenses
against the order of the state
Private Law - Answers - law that involves suits between private individuals or groups.
Issues in-between people and includes property, contract, and tort law.
property law - Answers - type of private law, exclusive rights to both tangible and
intangible resources
Contract Law - Answers - type of private law, set of laws that specify what constitutes a
legally enforceable agreement. explains how resources are exchanged between two
people.
Tort Law - Answers - type of private law, establishes rules for compensation when
someone's legal boundaries are wrongfully crossed by another person
Law of Business Organizations - Answers - identifies how individuals can own and use
private resources in groups
,Civil vs. Criminal Law - Answers - Criminal laws regulate crimes, or wrongs committed
against the government. Civil laws regulate disputes between private parties. Civil
cases include suits between other people, without government intervention, whereas
criminal cases always involve a government representative attempting to prove the
defendant committed a wrong against society and is seeking to have the defendant
punished by "societies standards"
Substansive Law - Answers - Law category that defines, describes and regulates the
legal question you need answered (by the court)
private property - Answers - property owned by individuals or companies, not by the
government or the people as a whole
common property - Answers - things owned by more than one person
Common Law System - Answers - system that cares about what other judges have
said, rely on precedence, vote on new cases based on similar old ones
Civil Law System - Answers - system that cares less about the past and more about
how each judge has the right to interpret the law as they choose
Louisiana is the only state in the United States that follows a ________ law system. -
Answers - quasi-civil law system
Procedural Law - Answers - Law that establishes the methods and means of enforcing
the rights established by substantive law. Describes the machinery that will get you to
the question at hand.
jurisprudence - Answers - philosophies that explain the origin of law, and it's
justification. There are five of these theories: natural law, positive law, historical school,
sociological, legal realism.
Natural Law Theory - Answers - type of jurisprudence; universal moral principles, laws
must align with nature
Positive Law Theory - Answers - type of jurisprudence; command of government to
create and enforcement what they feel is right
Historical School Theory - Answers - type of jurisprudence; the law reflects culture and
customs of certain people, must vary by location
Sociological Theory - Answers - type of jurisprudence; law must meets the needs of
society
Legal Realism Theory - Answers - type of jurisprudence; the law is only the law if
enforced
, Sources of Law (in hierarchical order) - Answers - federal law
state law
judicial decisions/case law
Federal Law Hierarchy - Answers - US constitution
legislation (congress)
administrative laws and regulations
State Law Hierarchy - Answers - state constitution
statutes/acts
regulatory laws by state administration
city ordinances
order/opinion - Answers - decisions made by judges on legal issues
precedents - Answers - opinions from prior (decided) cases now become ______ for
new cases with similar facts and legal issues
stare decisis - Answers - "let the decision stand" doctrine of prior precedents where
judges should follow the precedent whenever possible
advantages to case law reliance - Answers - stare decisis
ensures predictability in the court system
specifies boundaries of the legal system
vertical authority - Answers - Supreme Court—> Appellate Court—> Trial Court
whatever supreme court says goes, as a judge, your precedent comes from who is
above you in the hierarchy
horizontal authority - Answers - judges looking for advice can look to other similar cases
in different states to see what their rulings were, but they are not bound by precedent in
this case
disadvantages to case law reliance - Answers - volume of cases
conflicting precedents
rejection of precedent
conflicts of law (vertical/horizontal)
holding vs dicta increases difficulty determining what was ruled/what precedent was set
holding - Answers - The precise information coming from that court that explicitly
answers the question that was asked, what is actually decided on
dicta - Answers - statements made in a judicial opinion that are not essential to the
decision of the case, everything else the court chooses to address in the opinion
statements
