Test 1 Review - Test 1 Review 1. The general functions of...

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Test 1 Review 1. The general functions of the law are a. Keep the peace b. Shape moral standards c. Promote social justice d. Maintain the status quo e. Facilitate orderly changes f. Facilitate planning g. Provide a basis for compromise h. Maximize individual freedoms 2. The Natural Law School is an emphasize of the moral theory of law , documents such as the U.S. Constitution, The Magna Carta, and The U.N. Charter reflect this theory. 3. The common courts found in England before the founding of the U.S. are a. Law courts- Judges were charged with administering the law in a uniform manner in courts b. Merchant courts- Merchants who traveled in England and Europe developed certain rules to solve their commercial disputes. These rules became known as the “Law of Merchants” which was based on common trade practices and usage. c. Chancery (Equity) courts- There was no money involved, these were courts used when the court of law could not grant an appropriate remedy. Remedies or “equitable remedies” were made, which are remedies that were shaped to fit each situation. 4. The only relief available at the law courts was a monetary award for damages. 5. The Equity courts were created for persons who believed that the decision of the law court was unfair or believed that the law courts could not grant an appropriate remedy could seek relief in the Court of Chancery, this court inquired into the merits of the case. 6. The distinguishing feature of the Common Law Legal system is that is contains the wisdom and experience of ages. It adapts itself to the conditions and circumstances of the people. It was developed by judges who issued their opinions when deciding cases. The principal in these cases became precedent for later judges deciding similar cases. 7. The supreme law of the land is the Constitution.
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8. Provisions of state constitutions are valid unless they conflict with the U.S. Constitution or any valid federal law. 9. Codified law is when statues are organized by topic. 10. Stare decisis is to stand by the decision. This is a doctrine that promotes uniformity of law within a jurisdiction, makes the court system more efficient, and makes the law more predictable for individuals and businesses. 11. The appeals process to intermediate appellate courts it they review the trial court record
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This note was uploaded on 07/25/2011 for the course BUSI 2301 taught by Professor Qui during the Winter '10 term at San Jacinto.

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Test 1 Review - Test 1 Review 1. The general functions of...

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