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BLAW Exam One NOTES - BLAW Exam One NOTES Law v ethics...

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BLAW Exam One NOTES Law v. ethics, moral, justice- Positive law, natural law, (the written law of a given society at a particular point in time), applies only to the citizens of that nation or society. Written law. Legal realism- judges are people and are influenced by many factors; not 100% objective Sources and dimensions of law Primary sources of law 1. The U.S. Constitution and the constitutions of the various states. 2. Statutory law- including the laws passed by Congress, state legislatures, or local governing bodies. 3. Regulations created by administrative agencies, such as the FDA 4. Case law and common law doctrines. Secondary sources of law are books and articles that summarize and clarify the primary sources of law. Ex. Legal encyclopedias, treatises, articles in law review, and complications of law, such as the Restatements of the Law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law. Constitutional- law is the law as expressed in these constitutions. Ex. The 10 th amendment to the U.S. Constitution reserves to the states all the powers not granted to the federal govt. Each state in the union had its own constitution. Statutory Law- laws enacted by legislative bodies at any level of govt., such as the statutes passed by Congress or by state legislatures, make up the body of law. Statutory law also includes local ordinances -statutes passed by municipal or county governing units to govern matters not covered by federal or state law. A federal statute applies to all states. A state statute applies only within the state’s borders. State laws may vary from state to state. Administrative law- consists of the rules, orders, and decisions of administrative agencies. An administrative agency is a federal, state, or local government agency established to perform a specific function. Administrative law constitutes a dominant element in the regulatory environment of business. Common law- a body of general rules that applied throughout the entire English realm. Eventually, the common law tradition became part of the heritage of all nations that were once British colonies, including the U.S. Natural v. positive law- Legal realism- A school of legal thought that was popular in the 1920’s and 30’s and that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more pragmatic approach to the law, and approach that would take into account customary practices and the circumstances in which transactions take place. The school left a lasting imprint on American jurisprudence. Sociological jurisprudence- Distinction- Criminal: Legal rights, duties of people of govt. Legal rights and responsibilities of people in respect to society to society; an offense against society; if someone in the states house is burglarized all citizens of TX are the victims.
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Civil: Legal rights, duties of private parties. A dispute that only affects those in the
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