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Unformatted text preview: Ubiquitous : Law is everywhere; see decisions being structured by the law; social/personal relationship with natural law Ambiguous : Law needs to accomplish liberty & order Natural/Informal Law : law is based on morality; Declaration of Independence; societies may violate, but laws will always be there as a higher law * Customary Law : rules that become set based on communal living, set of history, and sense of moral (ie. Norms/manners) Positive/Formal Law : written law that generally terms the powers associated with departments of government & procedural rules of authority and ones limitations * Constitutional : highest form of positive law because rule-making government derives authority from it * Statutory : articles that regulate * Regulatory : specific rules enacted by statutes that carry out policies Function of Law : idea of law carrying contradictory burden between liberty and order PepsiCo Case: sued for misleading advertisement amount getting a Harrier Jet with points *Plaintiff rejected b/c court finds that no objective person could have reasonably concluded this offer is real-Objective Reasonable Standard: court needs to look at what a reasonable person would or would not understand-Necessity of a Jury Determination-Whether commercial was Evidently Done in Jest: plaintiff believed court was serious, so court has to explain how this was done in jest-Plaintiffs demands for additional delivery: increase # of points; need to get them aware or prompt * Setting up Legit Contr act:-Offer-Acceptance-Mutual acceptance-Consideration (both parties get something out of contract)-Lawful-Competence (both parties must be competent) * Social Contract : treat one another with respect; contract Arian perspective (all societies created through generalized contracts)-Hobbes: believed everyone was at war with each other before society came- Locke/Rousseau: society is constantly revalidating contracts with the govt ~we allow selves to be governed by the pledge and the people we vote and things that are passed through the people Colonial Law: not well known because not many copies out *18 th Century: governing courts (local laws/powers), authority based on pervasiveness *Civil Procedure: courts were run informally b/c easy-going *Land Law: land in colonies bought/sold = commodity Criminal Law: *Mass rules had to be written down, so created...
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This note was uploaded on 04/17/2008 for the course PSCI 335 taught by Professor Smith during the Spring '08 term at Lycoming.
- Spring '08
- Natural Law