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John Locke Law
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We have rules; if you violate them, there is a penalty (i.e. money, death). Legal economist who believed we need rules of general society since the alternative is anarchy and chaos.
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Law Law
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A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences.
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Fair 1. Keep the peace 2. Maintain the status quo 3. Maximize individual freedom
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Functions of law: Although the American legal system is one of the most ____, abuses and mistakes in the application of the law still occur.
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Economy Flexible
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The law must be ____ to meet social, technological, and economic changes. The more developed your ____, the more developed your legal system.
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Historical Natural Law
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Postulates that law is based on what is “correct”; emphasizes a moral theory of law – that is, law should be based on morality and ethics. Believes that law is a cumulative of social traditions and customs.
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Sociological Analytical
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Maintains that law is shaped by logic. Asserts that the law is a means of achieving and advancing certain sociological goals.
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Natural Law Cannon Law
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Church law; example of natural law. Law should be based on ethics, but it’s difficult because everyone’s morals are different.
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Analytical Historical
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History repeats itself; school of jurisprudential thought. Logical analysis to law (no opinion), but gives no mercy either.
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Command Sociological
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How the world works; more give; school of jurisprudential thought. Believes that the law is a set of rules developed, communicated, and enforced by the ruling party.
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Law and Economics Critical Legal Studies
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Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness. Believes that promoting market efficiency should be the central concern of legal decision making.
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Critical Legal Studies Command
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What the law “must be” (an extreme); “my rule is law,” whether fair or unfair, moral or immoral. Legal rules are unnecessary; go with what’s fair to the majority.
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Extremist Law and Economics
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Dollar is king – the guiding force behind everything we do. American legal system lasted as long as we did because we’re not a ____ legal system.
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Substantive 1. Natural Law 2. Historical 3. Analytical 4. Sociological 5. Command 6. Critical Legal Studies 7. Law and
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Economics
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Schools of jurisprudential thought: Area of law that includes criminal law, family law, and contract law.
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Substantive and Procedural Procedural
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includes rules of civil procedure and rules of criminal procedure. Areas of law:
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This note was uploaded on 08/30/2011 for the course PLA 3013 taught by Professor Carolbast during the Fall '10 term at University of Central Florida.

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Exam1 - Flashcards(2) - The flashcards are formatted for...

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