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- Body of unwritten laws based on legal precedents by the courts, i.e. case law
- Draws from institutional opinions/interpretations from judicial authorities/public
juries
- Sometimes proves the inspiration for new legislation to be enacted
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1 What is COMMON LAW? 2 How is the LAW like the Human Body?
3 Static Principle 4 Harm Principle
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Terms in this set (40)
How is the LAW like the Human Body? - Anatomy: the courts
- Physiology: how the law works
- Pathophysiology: what happens when the law does
not work as it should
, What is purpose of law on society? - Protect you from injury
- Maintain family order/keep peace
- Demonstrate acceptable or appropriate behavior
5 Principles of law - Harm Principle
- Parent Principle
- Morality Principle
- Donation Principle
- Static Principle
Examples of Harm Principle Tort Law
Negligence
Harm Principle - Infliction of harm
- Person causing harm should be responsible
- Without harm laws, strong would overtake the weak
Example of Parent Principle parens patriae
Parent Principle Government acts as parent
Examples of Morality Principle Abortion
Cloning
Morality Principle - Usually based on religious beliefs
- Type of behavior society deems right/wrong
- What society allows & does not allow
- Usually controversial, dictating right/wrong
Examples of Donation Principle - Low income housing
- Welfare programs
- Disability laws
Donation Principle - Focuses on less fortunate
- Provides help to those in need
Examples of Static Prinicple - Administrative laws
- Licensing & credentialing