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LEGL 2700 Test 1 (Hackleman)

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LEGL 2700 Test 1 (Hackleman)

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LEGL 2700 Test 1 (Hackleman)
CHAPTER 1 - correct answer-:0

3 concepts of a functioning market: - correct answer-...

1) Law - correct answer--Glues together diverse peoples of different backgrounds into large,
organized groups
-Laws are rules laid down by the state and backed up by enforcement (i.e police and court
system)

2) The Rule of Law - correct answer--Laws that are made are generally & equally applicable
to everyone
-It is an ideal rather than complete fact
-Mostly followed by wealthy and developed countries

3) Property - correct answer--Aka "ownership" or "legal fence"
-The right to turn to public authorities to help keep others from interfering with what you own

3 types of property: - correct answer-...

1) Public Property - correct answer-public resources owned by gov't (i.e roads, monuments)

2) Private Property - correct answer-individually owned (i.e house, car)

3) Common Property - correct answer-resources like land that more than one individual
owns jointly.

Jurisprudence - correct answer-philosophies that explain origin of law and its justification

Natural Law - correct answer-law contains universal moral principles, can be determined
through human reason

Positive Law - correct answer-law is simply the commands of the state backed by
punishments and force (contrary to natural law)

Historical School - correct answer-emphasizes contemporary law should focus on law that
have withstood the test of time

Sociological Jurisprudence - correct answer-law should change to meet developments in
society

Legal Realism - correct answer-law should extend beyond the paper and meet the needs of
real life situations, i.e. Atlanta's I-285 speed limit is 65mph, but everyone goes 80mph

Classifications of Law: - correct answer-1) Common law & Civil law

, 2) Public & Private law
3) Civil law & Criminal law
4) Substantive law & Procedural law

Common law v. - correct answer-emphasizes the role of judges in determining the meaning
of laws and how they apply. Based off of English Parliament.

Civil law - correct answer-relies more on legislation than judicial decisions to determine what
the law is. Civil law courts do not make law nor do their judges think themselves obligated to
follow prior judicial decision (precedents)

Public law v. - correct answer-includes matters that involve the regulation of society.
Types of public law:
1) Constitutional- involves the interpretation and application of either federal or state
constitutions
2) Administrative- covers legal principles that apply to government agencies, bureaus,
boards, or commissions
3) Criminal- specifies various offenses against proper order of state

Private law - correct answer-covers those legal problems and issues that concern your
private resource relationships with other people. Types of private law:
1) Property law- involves recognition of exclusive right in both tangible and intangible
resources. Concerns land, goods, copyrights, trademarks, patents, and trade secrets
2) Contract law- covers rules of how owners transfer resources by exchanging them.
3) Tort law- establishes rules for compensation when an owner's legal boundaries are
wrongfully crossed by another. Actual injury to owner's resources is usually the case.

Civil cases - correct answer-include suits for breach of contract or tort cases, such as
personal injuries.

Criminal cases - correct answer-involve a representative of gov't attempting to prove the
wrong committed against society and punish them with the court system.

Substantive law - correct answer-defines the legal relationship of people with other people or
between them and the state.

Procedural law - correct answer-deals with the method and means by which substantive law
is made and administered.
Ex: the time allowed for one party to sue another and the rules of law governing the process
of the lawsuit

Sources of Law: - correct answer-...

1) Federal law - correct answer--includes the Constitution
-legislation passed by Congress (aka "acts" or "statutes")
-Ex: Clean Air Act

2) State law - correct answer--starts with state constitution

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