legal studies midterm review.pdf - I II Lecture 1 A Before...

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I.Lecture 1
II.Lecture 2 A.Natural Law Theory 1.Is the idea that in order for a law to be legit it should be based on the divine laws or morality. B.Legal Positivism 1.No matter what the content of the law is it is still law. In order for it to legitimate it has to go through a series of procedures before it is set and stone. C.Command Theory of Law 1.Law is a force that is the command of a sovereign and the everyone obeys the sovereign and the sovereign obeys no one. D.Primary Rules 1.Are rules that apply directly to the the citizens usually telling them to abstain from behavior. Legal Positivists argue that this goes into making a legitimate. E.Secondary Rules 1.Are rules that govern how primary rules are made through amendments, repeals etc. Simple majority in senate and house in order for a law to be made. Goes into making a law legitimate 2.• Rules of change—empower people to create new primary rules – Example: Rules about elections of officials • Rules of adjudication—empower people to decide whether a primary rule has been broken – Example: Rules about how judges are selected • Rules of recognition—criteria to help officials decide which rules are part of a legal system and which are not – Example: Constitutions, rules about passing laws F.Core of Certainty 1.Most cases fall under the core of certainty which means that the rules applies to obvious cases.

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