criminaljusticechap3 - Law- A rule of conduct, generally...

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Law- A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. Statutory Law- Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws. Penal Code- The written, organized, and compiled form of the criminal laws of a jurisdiction. Case Law- The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts. Common Law- Is the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices, many of which were supported by judicial decisions in early times. Rule of Law- The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members. Jurisprudence- The philosophy of law. The science and study of the law. Types of Law; 1. Criminal Law- The branch of modern law that concerns itself with offenses committed against society, its members, and the social order. Substantive criminal law- The part of the law that defines crimes and specifies punishments. 2. Civil Law- The branch of modern law that governs relationships between parties. Tort- A wrongful act, damage, or injury not involving a breach of contract. 3. Administrative Law- The body of regulations that governments create to control the activities of industry, business, and individuals. 4. Case Law- Law of precedent- A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. Stare decisis- A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them. (Vertical- higher courts decisions taken into account by lower courts; horizontal- should be consistent on the interpretation of the law.) 5. Procedural Law-The part of the law that specifies the methods to be used for
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This note was uploaded on 04/12/2008 for the course GOVT 243 taught by Professor Madison during the Fall '07 term at Christopher Newport University.

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criminaljusticechap3 - Law- A rule of conduct, generally...

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