Flashcards in Module 1 Deck (172)
Definition of Law
A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong. (Blackstone)
Functions of Law
To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change.
Means by which the law enforces the decisions of the courts
Law and Morals
Different but overlapping; law provides sanctions, while morals do not.
Law and Justice
Are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good.
Legal capacity to require another person to perform or refrain from performing an act.
Legal obligation requiring a person to perform or refrain from performing an act.
Law creating rights and duties
Rules for enforcing substantive law
substantive law dealing with the relationship between government and individuals
substantive law governing the relationships among individuals and legal entities
law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity
law establishing duties which, if violated, constitute a wrong against the entire community
To bring a criminal proceeding
Fundamental law of a government establishing its powers and limitations
the authority of the courts to determine the constitutionality of legislative and executive acts
Judicial Law - Common Law System
uses a body of law developed by the courts under an adversary system in which opposing parties initiate and present their cases
Judicial Law - Civil Law System
depend on comprehensive legislative enactments (called codes) and an inquisitorial system in which the judiciary initiates litigation, investigates pertinent facts, and presents evidence
Judicial Law - Common Law
the body of law that serves as precedent for determining later controversies; basis for the principle of stare decisis
Judicial Law - Equity
system based on principles distinct from common law and providing different remedies
Judicial Law - Restatements of Law
an orderly restatement of the general common law of the United States, including law developed by judicial decision and law that has grown from judicial application of statutes; written by lawyers, judges and law professors
Principle that courts should apply rules decided in prior cases in deciding substantially similar cases.
Private or civil wrong or injury, other than breach of contract, for which a court will provide a remedy in the form of an action for damages.
three elements of every tort action are the existence of legal duty from defendant to plaintiff, breach of that duty, and damage as proximate result.
Decision of a court of equity
Decree ordering a party to perform a contractual duty
Decree ordering a party to do or refrain from doing a specified act
Equitable remedy rewriting a contract to conform with the original intent of the contracting parties
An equitable remedy invalidating a contract
Statutes adopted by legislative bodies; includes treaties and executive orders