Blaw[1] - Blaw Chapter 1 Introduction to Law Law concerns...

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Unformatted text preview: Blaw Chapter 1 Introduction to Law Law concerns the relations of individuals with one another as such relations affect the social and economic order o Law is in part Prohibitory Mandatory Permissive Functions of Law Law primary function is to maintain stability in the social, political, and economic system while simultaneously permitting change Protect the owners use of property and to facilitate voluntary agreements regarding exchanges of property and services Preservation of the state Legal sanctions Are the means by which the law enforces the decisions of courts Law and morals Not all law conforms with morals and some law is strictly based on morals Law and Justice Justice may be defined as fair, equatible, and impartial treatment of the competing interests and desires of individuals and groups with due regard for the common good Law makes no guarntee of justice Constitutional Law The fundamental law of a particular level of government- established the governmental structure and allocates power among the levels of government, thereby defining political relationships Constitution also restricts the powers of government and specifies the rights and liberties of people Judicial review o The supreme court of the united states determines the constitutionality of all laws Judicial Law Common law system o Relies heavily on the judiciary as a source of law and on the adversary system for the adjudication of disputes Based upon the belief that the truth is more likely to emerge form the investigation and presentation of evidence by tow opposing parties, both motivated by self-interest, than form judicial investigation Civil law system o Depends on comprehensive legislative enactments and an inquisitorial method of adjudication Judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence Common law o Common law is distinguished form other sources of law such as legislation and administrative rulings o Stare decisis Courts in deciding cases adhere to and rely on rules of law that they or superior courts announced and applied in prior decisions involving similar cases Equity o The chancellor deciding cases on equity and good conscience, affording relief in many instances where common law judges had refused to act or where the remedy at law was inadequate Decree o Or order compelling a defendant to do or refrain form doing a specific act o Specific performance Commanding the defendant seller to perform his part of the contract o Injunction A court order requiring a arty to do or refrain form doing a specified act o Reformation Where upon the ground of mutual mistake, contracting parties could bring an action to reform or change the language of a written agreement to conform to their actual intentions o Rescissions Allowed a party to invalidate a contract under certain circumstances o Maxims General legal principles that formulate over the years...
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This note was uploaded on 04/10/2008 for the course BLAW 3201 taught by Professor Fry during the Spring '08 term at LSU.

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Blaw[1] - Blaw Chapter 1 Introduction to Law Law concerns...

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