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Chapter 1 and 2 Notes

Chapter 1 and 2 Notes - Rule of Law laws are made...

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Rule of Law – laws are made generally (apply to various groups in same way) and equally (apply to all/most members of society) applicable 3 Concepts Establish framework - Law, the rule of law, and property – provide necessary foundation for successful modern business and set maximum conditions for generating wealth of nations. Why nations are weak or strong? 4 Dependency theory Natural resources – exploitation Education & technology – result of strong economies Climate 5 Modern private market Law & legal system Law’s Role – one of the social forces that holds society together – MOST SIGNIFICANT because binds together diverse groups Rules Created by state Enforceable Rule of Law Nations 6 Adopt laws supporting private marketplace Law applies to lawmakers as well as rest of society In everyone’s interest Cornerstone of free trade 7 Property – legal right to exclude or keep others from interfering, property is a type of legal fence Ownership – private, exclusive rights in resources Rights: owners can keep others from interfering through police, provides incentive for development, western culture flourish connected to legal property rights CENTRAL concept of Western legal systems Secret to social prosperity lies in foundations of property law Jurisprudence – philosophies that explain origin, justification, meaning, and essence of law 11 Natural law – law contains universal moral principles Positive law – commands of the state backed up by punishment Historical school – focus on principles that have withstood the test of time Sociological – law should change to meet new developments in society Legal realism – examine what police and judges are doing to interpret and enforce laws Classifications of Law: 12 Civil Law System– Common Law o Civil – based on statutory codification of law (Romano-Germanic), more legislation than judicial o Common – based on written judicial decisions that establish precedent (US, Canada, Jamaica, UK, India) Public law – Private Law 13
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o Private – issues that concern private resource relationships (Property, Contract, & Tort law) o Public –regulation of society (Constitutional, administrative, and criminal law) Civil law suits– Criminal Law o Civil Law- private rights between people (Torts, contracts, damages, no punishment) o Criminal – offenses against society at large (prosecution and punishment) Substantive Law – Procedural Law o Substantive – creating, defining, and regulating rights, duties, and powers (the WHAT) o Procedural – telling the methods/means for having rights or duties enforced (HOW)(time allowed to sue and rules governing process) Sources of Law 15 Constitutions – fundamental rights, describe/empower government, limitation on power o Law of the land o Establishes branches of government o Division of power – separation of powers o Each state has own constitution o
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