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Law Final Study Guide, by Michelle M. & Gerald W. - 97-2003 version

Law Final Study Guide, by Michelle M. & Gerald W. - 97-2003 version

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LW270: Law & Society I Final Exam Study Guide By Michelle Murphy and Gerald Williams Law: Final Exam Study Guide Chapter 1 Administrative Law - the rules, orders, and decisions of federal, state, or local government administrative agencies. Case Law/Common Law Doctrines - Judge made law, including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. Civil Law - dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters (both private and public). Historical school – a school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be. Sociological school - a school of legal thought that views the law as a tool for promoting justice in society. Legal realism - generally advocated a less abstract and more pragmatic approach to law, an approach that would take into account customary practices and the circumstances in which transactions take place. Natural Law - The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the most significant schools of legal thought. Positive law - the body of conventional, or written, law of particular society at a particular point in time. Positivist school - a school of legal thought whose adherents believe that there can be no higher law than a nation’s positive law. Statutory Law - laws (statutes and ordinances) created by federal, state, and local legislatures and government bodies. None of these laws may violate the U.S constitution or the relevant state constitution. Uniform statutes, when adopted by a state, become statutory law in that state. Substantive Law - consists of all laws that define, describe, regulate, and create legal rights and obligations. (if you do this, this will happen to you. Actions at law- remedies..money and land) Criminal Law - defines and governs actions that constitute crimes (always public). Procedural Law - consists of all laws that delineate the methods of enforcing the rights established by substantive law. (“How to.” Both civil and criminal. Actions of equity- usually just a judge. Rescission- flexible/fairness.) Appellant - the party who takes an appeal from one court to another. Page  1  of  30
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LW270: Law & Society I Final Exam Study Guide By Michelle Murphy and Gerald Williams Appellee - the party against whom an appeal is taken-that is, the party who opposes setting aside or reversing the judgment. Precedent - a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
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