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Legal 250 Review Sheet test 1

Legal 250 Review Sheet test 1 - Legal 250 Review Sheet Test...

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Legal 250 Review Sheet Test # 1 Course Focus: What is Law? Introduction What does the saying “Law is ubiquitous” mean? Ubiquitous – Existing or being everywhere, especially at the same time; being present everywhere are once. Laws come in two types of forms – formal and informal laws o Formal Laws – Laws that are once broken, can be brought to court and punish you in a court of law. (EXAMPLE: Drinking and driving, stealing, assault) o Informal Laws – Laws or rules, that once are broken, are not punishable by or in a court of law. (EXAMPLE: Breaking a curfew, not texting in class) The saying “law is ubiquitous” holds a very strong and realistic meaning. The word ubiquitous is defined as “existing or being everywhere at the same time”. In reference and comparison to law, the saying explains that law is everywhere and is being applied and practiced at every moment of every day. There is no moment in time that any member of our society is exempted from law. The saying also presents an additional idea, that aside from the presence of formal laws, informal laws also rule our lives and help gives us structure to our everyday activities. Informal laws are laws, once broken, cannot be punishable in or by a court of law. They are every day rules, such as making a curfew or not skipping class, that if broken you are not legally responsible but could be punished through different means. Our lives need laws and rules or else our society would be unstructured and be out of control. Law surrounds almost every decision a person makes, keeping society intact and sustaining proper structure. The Rule of Law
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What are the major points of the reading “Law in Theory and Practice”? Definitions of law are statements of belief akin to political philosophies, articles of faith in religion, or intuition in science. Law as a system of thought is only one of many possible structures of reality. Conventional wisdom tells us what we see where as unconventional wisdom tells that we only see what we are taught to see or only what we instruct ourselves to see. Everyone has knowledge of law There are multiple explanations and definitions of laws and by thinking across a field of explanations promotes clearer insight, because competing ideas create tensions and provide a dynamic in law. Conventional legal training: learning rules, understanding the options and limits of legal officials, engaging in value inquiry via contested cases, and identifying the countervailing pressures found in all legal systems. Not everyone is satisfied with the way law has been made and enforced (Marxists and Anarchists) Another form of law making – “Non-State lawmaking” – informal law making - the informal community, a family, a school or a work place makes rules that are not punishable by law but if broken individuals still have the ability to be punished.
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