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requisites of a legal system - ✔✔1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness "rules reflect and adapt to changing views of morality
and justice"
common law - ✔✔all the rules and principles currently existing in any state,
regardless of their historical origin, that result from judicial decisions in
those areas of law where legislatures have not enacted comprehensive
statutes
statutory law - ✔✔rules that have been formally adopted by legislative
bodies rather than by the courts. e.g. State and Federal Constitutions,
Municipal ordinances and Treaties
civil laws - ✔✔laws that spell out the rights and duties existing among
individuals, business firms and sometimes even government agencies.
Contract law, tort law, and sales law all fall within the civil category
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, criminal law - ✔✔ALWAYS BROUGHT BY THE GOVERNMENT. statutes
by which a state or the federal government prohibits specified kinds of
conduct and which additionally provide for the imposition of fines or
imprisonment on persons convicted of violating them
law & justice - ✔✔what do most people usually want?
law & equity - ✔✔injunctions; imperfect system
law & morals - ✔✔are different but overlapping: law provides sanctions
while morals do not
illegal but not immoral - ✔✔jaywalking :')))
immoral but not illegal - ✔✔cheating
adversarial system - ✔✔trial procedures designed to resolve conflict
through the clash of opposing sides, moderated by a neutral, passive judge
who applies the law
courts of limited jurisdiction - ✔✔courts that handle misdemeanor crimes,
violations of criminal traffic laws, and lesser offenses
general trial courts - ✔✔state courts of original jurisdiction that hear all
kinds of criminal cases
appellate courts - ✔✔Courts hearing cases appealed from a lower court.
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.