Test 1 Review - LEB Test Review Chapter 1 Nature and Sources of Law Primary sources of law contain legally binding rules and procedures(Federal and

Test 1 Review - LEB Test Review Chapter 1 Nature and...

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LEB Test ReviewChapter 1: Nature and Sources of LawPrimary sources of law: contain legally binding rules and procedures (Federal and state constitutions, statutes, admin agency regulations, court decisions)Secondary sources: summarize and explain law, sometimes criticize and suggest changes in it (Research articles in academic legal periodicals)Rule-oriented vs. process-oriented approach to lawoRule: views law as consisting of the rules that are in effect within a state or nation at a given timeoProcess: the processes by which the rules and principles are formulated (Rather than rules and principles themselves); those who emphasize contend that the ever-changing problems resulting from this activity and the ways in which the law attempts to solve them must receive primary emphasis if one is to gain a proper insight into the subject; “law is a dynamic process”Requisites of legal system – for legal system to function properlyoRelatively certain – law will last over long periods of timeoRelative flexible – law must be ready for tomorrow (technology/science advances, shifting moral views, )oKnown or knowable – citizens obey its laws voluntarily oApparently reasonable – rules appear reasonableCommon law vs. statutory lawoCommon law – all rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutesCase law, unwritten law, judge-made lawoStatutory law – rules that have been formally adopted by legislative bodies rather than by the courtsState and federal constitutions, municipal ordinances, even treaties; written lawCorporation law, criminal law, and tax law primarily statutoryCivil Law - all those laws that spell out rights and duties existing among individuals, business firms, and sometimes even government agenciesoPlaintiffs vs. DefendantsoRemedy: money (for damages) or injunction (court degree ordering the defendant to do or not to do some particular thing)Criminal Law – statues by which state or federal government prohibits specified kinds of conduct and additionally provide for the imposition of fines or imprisonment on persons convicted of violating themoFelonies (a crime for which legislature has provided max penalty of either imprisonment for more than one year or death)oMisdemeanors (crimes carrying lesser penalties; i.e. traffic offenses)Wrongful acts can be of dual nature – criminal and civilPublic law: are of law that is directly concerned with government-individual relationshipoCriminal law, constitutional law, administrative law
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Private law: primarily concerned with creation and enforcement of the rights of one individual against another Tort: wrongful act; results in injury to person, property, reputation, etc.
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