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The system of law concerned with private relations between members of a
community rather than criminal, military, or religious affairs.
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1 Relevance to businesspeople 2 Criminal Law
3 Stare Decisis 4 Civl Law
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Terms in this set (126)
, Understanding how laws are made and modified in
the US legal system
Relevance to
businesspeople Understanding the types of legal authority to allow
those with a claim (or being sued) to assess the
strength of their case appropriately
A body of enforceable rules governing relationships
Law among individuals and between individuals and their
society.
Medieval legal system prevalent in Europe that
Law Merchant
established practical rules of commerce and trade
The state or quality of being just, fair, or impartial;
fair and equal treatment; something that is fair; the
Equity
money value of a property above and beyond any
mortgage or other claim
A Latin phrase meaning "let the decision stand."
Most cases reaching appellate courts are settled on
Stare Decisis
this principle.
Judges are obligated to follow precedents
A Latin phrase meaning "the thing has been
decided."
res judicata
A claim cannot be retried between the same parties
if it has already been legally resolved.
Statements made in a judicial opinion that are not
Dicta
essential to the decision of the case
The reason for a decision (the binding part of a
Ratio Decidendi
decision).
Law that defines, describes, regulates, and creates
Substantive Law
legal rights and obligations.
Law that establishes the methods of enforcing the
Procedural Law
rights established by substantive law.
, Cases involving the action of public agencies or
Public Law
officials
Law that involves suits between private individuals
Private Law
or groups
The system of law concerned with private relations
Civl Law between members of a community rather than
criminal, military, or religious affairs.
Codes of behavior related to the protection of
Criminal Law
property and individual safety
1. Social Control
Vago's purposes and
2. Dispute Resolution
functions of law
3. Social Change
A view of crime that sees laws as the product of
Consensus Perspective social agreement (consensus) about what criminal
behavior is
Approach emphasizing the role of conflict,
Conflict Perspective
competition, and constraint within a society
1. Promote order
Objectives of a Legal
2. Allow justice to be attained
System
3. Cultivate sense of reasonableness
Do legal systems have to No; in common law systems, there are not always
be written? codified laws
The powers of the national government specifically
Enumerated Powers of
granted to Congress in Article I, section 8 of the
Congress
Constitution.
Powers that go beyond those enumerated in the
constitution (not specifically written in the
Implied Powers of Constitution)
Congress
"Make all laws necessary and proper for carrying
into execution" Article I
Powers held jointly by the national and state
Concurrent Powers
governments.