Introduction to Legal Studies Final Exam – Legal System, Case Law, Contracts, and Legal
Reasoning Study Guide
Weber's notion of law - correct answer ✔✔- explicit rules
- use of sanctions for enforcement (ex law suites)
- authorized personnel to enforce rules (judges, officers)
- gives us some security in exchange for some freedom
What does the law do? - correct answer ✔✔- defines relationships/social control
- allocation of authority to Coerce (use of intimidation or threats to enforce)
- dispute settlements
- social change/redefine relationships
Defining relationships/exerting social control - correct answer ✔✔Law is used to set the
boundaries of how we're treated by:
- other people
- government/institutions
Law as a method of allocating authority to Coerce - correct answer ✔✔- authority needed to
enforce the rules
Law as Method of Dispute Settlement - correct answer ✔✔- settles everyday disputes and
troubles
Pros:
- finds a solution that enforces the law
Cons:
,- resolution is not always a satisfactory one
Law as a method of social change - correct answer ✔✔- use of law for social issues and to
protect values
Ex. adding drinking and driving laws which changed people's behaviour towards drinking and
driving
- courts shape the law to keep it up to date with social change
Ex. legalizing same sex marriage
- so the courts not only adapt to social change, but act as a catalyst for stating change
3 stages of legal change - correct answer ✔✔1. primitive/traditional
- Ex. Lynch law, kill the wrong doers lol
2. Transitional
3. Modern
The Cheyenne Way - correct answer ✔✔Published by Llewellyn and Hoebel about the
Cheyenne Indians and their traditional ways.
Decision making process:
- they were gonna steal horses, but got offered peace. They took this offer back to the tribe
leaders and the tribe leaders let them decide (gave up their authority). They chose peace.
Dispute resolution+Rule change:
- the people in the story developed a new law based on a situation that happened (you have to
ask before borrowing someone's horse. You also have to give back the horse. If u dont u get a
"whopping" lol)
Civil Law - correct answer ✔✔A legal system based on a written code of laws
- brought over by the french
, - quebec private law
- judges mainly just apply the law
- code changed by legislature
Common Law - correct answer ✔✔a system of law based on precedent and customs
- judges would create binding laws based on previous decisions
- can be changed or eliminated by legislature
- higher courts > lower courts
Indigenous Law - correct answer ✔✔Indigenous law consists of legal traditions and imperatives,
which have arisen from within Indigenous societies themselves and stem from Indigenous
worldviews, philosophies and codes of conduct.
- cosmological sense of rules
- indigenous treaties and rights
Constitution - correct answer ✔✔- supreme law of Canada
- authorizes and limits the power of the state
state - correct answer ✔✔An area organized into a political unit and ruled by an established
government with control over its internal and foreign affairs.
Statutes - correct answer ✔✔- laws created by legislature in their areas of jurisdiction
Regulations/Rules - correct answer ✔✔limitations or restrictions on the activities of a business
or individual
- delegated power to make binding rules (Ex. business can create certain rules?)
Reasoning Study Guide
Weber's notion of law - correct answer ✔✔- explicit rules
- use of sanctions for enforcement (ex law suites)
- authorized personnel to enforce rules (judges, officers)
- gives us some security in exchange for some freedom
What does the law do? - correct answer ✔✔- defines relationships/social control
- allocation of authority to Coerce (use of intimidation or threats to enforce)
- dispute settlements
- social change/redefine relationships
Defining relationships/exerting social control - correct answer ✔✔Law is used to set the
boundaries of how we're treated by:
- other people
- government/institutions
Law as a method of allocating authority to Coerce - correct answer ✔✔- authority needed to
enforce the rules
Law as Method of Dispute Settlement - correct answer ✔✔- settles everyday disputes and
troubles
Pros:
- finds a solution that enforces the law
Cons:
,- resolution is not always a satisfactory one
Law as a method of social change - correct answer ✔✔- use of law for social issues and to
protect values
Ex. adding drinking and driving laws which changed people's behaviour towards drinking and
driving
- courts shape the law to keep it up to date with social change
Ex. legalizing same sex marriage
- so the courts not only adapt to social change, but act as a catalyst for stating change
3 stages of legal change - correct answer ✔✔1. primitive/traditional
- Ex. Lynch law, kill the wrong doers lol
2. Transitional
3. Modern
The Cheyenne Way - correct answer ✔✔Published by Llewellyn and Hoebel about the
Cheyenne Indians and their traditional ways.
Decision making process:
- they were gonna steal horses, but got offered peace. They took this offer back to the tribe
leaders and the tribe leaders let them decide (gave up their authority). They chose peace.
Dispute resolution+Rule change:
- the people in the story developed a new law based on a situation that happened (you have to
ask before borrowing someone's horse. You also have to give back the horse. If u dont u get a
"whopping" lol)
Civil Law - correct answer ✔✔A legal system based on a written code of laws
- brought over by the french
, - quebec private law
- judges mainly just apply the law
- code changed by legislature
Common Law - correct answer ✔✔a system of law based on precedent and customs
- judges would create binding laws based on previous decisions
- can be changed or eliminated by legislature
- higher courts > lower courts
Indigenous Law - correct answer ✔✔Indigenous law consists of legal traditions and imperatives,
which have arisen from within Indigenous societies themselves and stem from Indigenous
worldviews, philosophies and codes of conduct.
- cosmological sense of rules
- indigenous treaties and rights
Constitution - correct answer ✔✔- supreme law of Canada
- authorizes and limits the power of the state
state - correct answer ✔✔An area organized into a political unit and ruled by an established
government with control over its internal and foreign affairs.
Statutes - correct answer ✔✔- laws created by legislature in their areas of jurisdiction
Regulations/Rules - correct answer ✔✔limitations or restrictions on the activities of a business
or individual
- delegated power to make binding rules (Ex. business can create certain rules?)
