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law
made up of rules; these rules are laid down by the state and backed up by law enforcement
Act
Legislation proposed by a legislative body such as the U.S. Congress. When enacted, it has a meaning
identical to "law," or "statute."
rule of law
laws that are made are generally and equally applicable; apply to all or most members of society and
they apply to various groups in the same way
4 Principles of the Rule of Law
1. All individuals and private entities are accountable under the law
2. The laws are clear, public, stable and just; are applied evenly; and protect fundamental rights
3. The process by which the laws are enacted, administered and enforced is accessible and fair
4. Justice is delivered in a timely manner by competent, ethical, independent and neutral
representatives who serve the public good
property
something that is owned; ownership
ownership
the right to turn to public authorities to help you keep others from interfering with what you own
public property
applies to resources owned by the government (roads, public buildings, public lands, monuments)
private property
applies to resources owned by an individual
common property
resources owned by more than one individual jointly
jurisprudence
philosophies of law; explains origins of law and justifications
natural law
law contains universal moral principles that are observable in nature and determined through
human reason (John Locke)
,positive law
law is simply the commands of the state backed up by force and punishments; contrary to natural
law
historical school of law
contemporary law should focus on legal principles that have withstood the test of time in a nation;
law reflects the cultural traditions of a people and recognizes that different nations may have
different traditions
sociological jurisprudence
law can and should change to meet new developments in society
legal realism
tries to go beyond the words of law to examine what police, administrators, prosecutors, and judges
are actually doing as they enforce, interpret, and apply laws (speed limits)
Substantive due process
Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protect
citizens from arbitrary or invasive state or federal laws.
"No deprivation of life, liberty, or property without due process"
China: Rule of Law and Property Rights are key
improvements in transparency, market access, property rights, and equal enforcement are growing
the Chinese markets
common law
emphasizes the role of judges in determining the meaning of laws and how they apply (British
colonized countries)
equity
Fairness; "law isn't on my side but Judge, what they did to me is unfair"
unjust enrichment
one knowingly benefiting unfairly at another's expense
Uniform State Laws
Pressure for homogenous laws between states for sales purposes. Statutes drafted by the National
Conference of Commissioners for adoption by the states. Best example is the Uniform Commercial
Code (UCC).
International law
similar concept to uniform state laws in that countries can adopt same laws for efficiency purposes
(law of intl' trade, law of war/treaties, etc.). U.N. (humanitarian) and WTO (trade). Treaty as a code
of law
civil law
, relies more on legislation than judicial decisions to determine what the law is
precedents
prior judicial decisions
public law
includes matters that involve the regulation of society as opposed to individuals interacting
constitutional law
(public) involves the interpretation and application of either the federal or state constitutions
administrative law
(public) covers the legal principles that apply to government agencies, bureaus, boards, or
commissions
corporate governance law
concerns the law protecting the owners from the managers who run their companies
Regulatory law
protects ownership and sets limits on private resource use
antitrust law
prevent monopolization
securities law
regulate the transfer of ownership in certain profit-making scenarios
environmental law
regulates pollution-creating resources
labor laws
protect employee rights
criminal law
(public) specifies various offenses against the proper order of the state
private law
covers legal problems and issues that concern your private resource relationships with other people
property law
(private) involves the recognition of exclusive right in both tangible and intangible resources (land,
goods, copyrights, trademarks, patents, and trade secrets)
contract law
(private) covers the rules of how owners transfer resources by exchanging them; enforceable
promises to exchange resources in the future