midterm 1 review

midterm 1 review - Chapter 1 Uniform Acts: Model statutes...

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Chapter 1 Uniform Acts: Model statutes drafted by private bodies of lawyers and/or scholars. Common Law: Law made and applied by judges as they decide cases no governed by statutes or other types of law. Precedents: Practice of judges following decisions of other judges. Case Law Reasoning: Courts engage when they make and apply common law rules. Injunction: A court order forbidding a party to do some act or commanding him to perform some act. Specific performance: A party is ordered to perform according to the terms of her contract. Reformation: Court rewrites the contracts terms to reflect the parties real intensions. Rescission: Cancellation of a contract in which the parties are returned to their pre-contractual position. Treaties: Treaties made by the president with foreign governments and approved by 2/3 of the U.S. senate are “the supreme law of the land.” Executive Orders: Officials sometimes have limited power to issue laws called executive orders. Criminal law: Law under which the government prosecutes someone for committing a crime. Civil Law: Concerns obligations that private parties owe to eachother. It is the law applied when one private party sues another. Substansive Law: Sets the rights and dutites of people as they act in society. Procedural Law: Controls the behavior of government bodies (mainly courts) as they establish and enforce rules of substansive law. Public Law: Concerns the power of government and ther elations between government and private parties. Private Law: Establishes a framework of legal rules that enables parties to set the rights and duties they owe eachother. Jurisprudence: The philosophy of law. Also sometimes used to refer to the collected positive law of some jurisdiction.
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Legal Positivism: Legal positivist define law as the command of a recognized political authority. Natural Law: Tejects the positivist separation of law and morality. American Legal Realism:
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This note was uploaded on 11/15/2010 for the course BMGT 380 taught by Professor Mark during the Fall '08 term at Maryland.

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midterm 1 review - Chapter 1 Uniform Acts: Model statutes...

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