Legal 2700 Hackleman Exam 1 UPDATED ACTUAL Questions
and CORRECT Answers
Law rules formally established by the government, backed by adequate enforcement.
Rule of Law laws are generally and equally applicable to everyone, applies to all members of
society, including the people who make the law.
Property legal right to exclude or keep others from interfering with resources that are
originally possessed OR are acquired without force threat or fraud
Public Property resources owned by the government state parks, roads, monuments
Private Property owned by an individual or entity
Common Property resources that are collectively/ jointly owned by a group of owners
Incentivization right to exclude
Jurisprudence The science of the law; the practical science of giving a wise interpretation of the
law, a body of law based on the legal precedents established by the
courts/judges
Natural law Aristotle, law contains universal moral principles, can be determined through
reason, property
Positive law Jeremy Bentham, law is simply the commands of the state backed up by force and
punishments, contrary to natural law
Historical Law contemporary law should focus on legal principles that have withstood the test of
time in a nation, cultural traditions of people, dif nations have dif traditions, dif
laws
Sociological idea that law can and should change to meet new dev of a society... 2nd
amendment stuff
Legal Realism beyond words of law to examine what police, admin, prosec, and judges are
actually doing as the enforce, interpret, and apply laws
Common Law Systems We care what the judges say
Civil Law Systems follow the law, core principles of the law, decide the facts in a disputed case,
judges not obligated to follow prior judicial systems
Public Law Systems you vs company, institution, legal subject matters that regulates the relationship of
individuals and organizations to society
, Constitutional Law part of public law, interpretation and application of federal/ state constitution and
amendments
Administrative Law part of public law, legal principles that apply to gov agencies, federal bureaus,
businesses, boards, or commissions
Criminal Law part of public law, variance offenses in proper order of society
Private Law Systems individual vs. individual/ company v company, legal subject matters that deals
most directly with relationships between legal entities
Property Law part of private law, issues over tangible or intangible resources, exclusive right
Contract Law part of private law, issues over contracts, exchanging resources regulated by
contracts, enforceable promises to exchange resources in the future.
Tort Law part of private law, rules for compensation when they are wrongfully crossed by
another, often req actual injury to owner's resources
Civil Law between persons, not typically involving punishment of the wrongdoer, plaintiff
and defendant
Criminal Law addresses wrongs of society, government files law suit, gov intends to deter rest
of society
Substantive Law legal relationship of people with other people or between them and the state,
governing the creation or enforcement of a contractual promise
Procedural Law method and means by which substantive law is made and administered, set of
laws for lawsuits
Federal Law administrative law or regulation legislation constitution
State Law ordinance regulatory law of state administrative agencies statutes and acts state
constitution
Judicial decisions or case law Even after reviewing federal and state law, case law must be consulted
Orders/Opinions decisions made by judges on legal issue
Precedents opinions become precedents for future cases involving similar facts and legal
issues
Review of Hierarchy, (Statutes of Congress, State US Constitution, _____, Fed Admin Regulation, _____, State Statutes, ____ , Local
Constitution, State Admin Reg. Case law) Ordinances, _____
Stare Decisis judges follow precedents whenever possible
and CORRECT Answers
Law rules formally established by the government, backed by adequate enforcement.
Rule of Law laws are generally and equally applicable to everyone, applies to all members of
society, including the people who make the law.
Property legal right to exclude or keep others from interfering with resources that are
originally possessed OR are acquired without force threat or fraud
Public Property resources owned by the government state parks, roads, monuments
Private Property owned by an individual or entity
Common Property resources that are collectively/ jointly owned by a group of owners
Incentivization right to exclude
Jurisprudence The science of the law; the practical science of giving a wise interpretation of the
law, a body of law based on the legal precedents established by the
courts/judges
Natural law Aristotle, law contains universal moral principles, can be determined through
reason, property
Positive law Jeremy Bentham, law is simply the commands of the state backed up by force and
punishments, contrary to natural law
Historical Law contemporary law should focus on legal principles that have withstood the test of
time in a nation, cultural traditions of people, dif nations have dif traditions, dif
laws
Sociological idea that law can and should change to meet new dev of a society... 2nd
amendment stuff
Legal Realism beyond words of law to examine what police, admin, prosec, and judges are
actually doing as the enforce, interpret, and apply laws
Common Law Systems We care what the judges say
Civil Law Systems follow the law, core principles of the law, decide the facts in a disputed case,
judges not obligated to follow prior judicial systems
Public Law Systems you vs company, institution, legal subject matters that regulates the relationship of
individuals and organizations to society
, Constitutional Law part of public law, interpretation and application of federal/ state constitution and
amendments
Administrative Law part of public law, legal principles that apply to gov agencies, federal bureaus,
businesses, boards, or commissions
Criminal Law part of public law, variance offenses in proper order of society
Private Law Systems individual vs. individual/ company v company, legal subject matters that deals
most directly with relationships between legal entities
Property Law part of private law, issues over tangible or intangible resources, exclusive right
Contract Law part of private law, issues over contracts, exchanging resources regulated by
contracts, enforceable promises to exchange resources in the future.
Tort Law part of private law, rules for compensation when they are wrongfully crossed by
another, often req actual injury to owner's resources
Civil Law between persons, not typically involving punishment of the wrongdoer, plaintiff
and defendant
Criminal Law addresses wrongs of society, government files law suit, gov intends to deter rest
of society
Substantive Law legal relationship of people with other people or between them and the state,
governing the creation or enforcement of a contractual promise
Procedural Law method and means by which substantive law is made and administered, set of
laws for lawsuits
Federal Law administrative law or regulation legislation constitution
State Law ordinance regulatory law of state administrative agencies statutes and acts state
constitution
Judicial decisions or case law Even after reviewing federal and state law, case law must be consulted
Orders/Opinions decisions made by judges on legal issue
Precedents opinions become precedents for future cases involving similar facts and legal
issues
Review of Hierarchy, (Statutes of Congress, State US Constitution, _____, Fed Admin Regulation, _____, State Statutes, ____ , Local
Constitution, State Admin Reg. Case law) Ordinances, _____
Stare Decisis judges follow precedents whenever possible
