Law Ch. 1

Terms in this set (39)

Enforceable rules of conduct

Organized group of laws

Stages in growth of law

1. Revenge
2. Ruler forces compensation
3. Power to courts
4. Leader or central authority prevents and punish his wrongs that provoke individuals to seek revenge

Law based on the current standards or customs of the people and judges precedent

Laws from a central political authority that seek to prevent wrongs from occurring

Power of a court to decide a case

Why do societies need law and Court

Laws: protect individuals and settle disputes.
Courts: settle disputes award damages and prevent or punish wrongs

What powers to the courts have one personal or private property is damaged or destroyed

Compel specific actions such as paying damages or issue an junction to prohibit something from being done

Origin of US legal system

English common law and Roman civil law

Document that sets forth the framework of a government and its relationship to the people it governs

Laws enacted by state or federal legislatures

Laws and acted by local government effective only in their boundaries

Law made when an appellate court endorses a rule to be used in deciding court cases

The legal doctrine that requires lower courts to follow established caselaw in deciding similar cases

Administrative agencies

Government body formed to carry out particular laws

Group of laws used to provide remedy for wrongs against individuals

Group of laws that defines and sets punishments for offenses against society

Sets forth the rights and responsibilities can be legally exercised and enforced through the legal system; determines what remedies are available in a lawsuit and how those remedies are to be secured

Substantive law

Laws defining rights and duties of conduct except those involved in enforcement

How is power allocated between federal state and local governments

The constitution delegates powers between the federal and state governments. State governments grand some legislative authority to local governments. In addition state and federal constitutions allocate government powers among the executive legislative and judicial branches of the government.

What determines whether a law statute ordinance or regulation is valid?

The constitution is the supreme authority and cannot be superceded by any law

How can one law violate more than one kind of law? Example?

Can offend society and individuals, including drunk driving and wrecking (driving while intoxicated and property damages)

How are constitutional statutory case and administrative law created

Constitutional: adoption or amendment of a constitution
Statutory: legislatures and local governments enact through constitutional authority.
Administrative: enacted by agencies of all levels of government through the authority granted by legislatures
Case: decisions of courts

How are conflicts between laws resolved

Federal Constitution is the supreme authority the validity of laws is determined by whether they violate authority granted by constitutions or legislative bodies or conflict with laws enacted by higher authorities

Describe the differences between criminal and civil substantive and procedural and business law and other forms of law

Civil laws govern offenses against individuals while criminal law's address offenses against society. Procedural law deals with methods of enforcing legal rights while substantive law defines rights and duties for all conduct except that involved in enforcement. Business law specifically covers rules that apply to business situations however other kinds of laws may also affect business practices.

The idea that the same ethical standards apply to everyone

Imagining everyone doing the same thing then determining the result is irrational illogical or demeaning

A collection of standards of conduct and moral judgement forming the basis for a decision as to right or wrong

System composed of an organized and consistent compilation of standards usually set down from an established authority

Evaluates the moral worth of a proposed action by forecasting the consequences of that action and its alternatives

Ethical system developed by Immanuel Kant proposing human reasoning can show what is basically wrong or right. Opposed utilitarianism

Civil disobedience

Open peaceful violation of a lot to protest it's alleged or supposed injustice

The capacity to do what is right even in the face of temptation or pressure to do otherwise

Why do the two forms of ethical reasoning usually result in the same decision and what is the probable cause when they do not

Both forms assume that human beings have dignity and worth however when the decisions differ it may be because not all consequences were correctly foreseen or impartiality was not used in evaluating consequences

How does the majority rule principal demonstrate consequences based reasoning in our laws

When laws are made to protect the rights of the majority the greatest number of people benefit which is the basis of consequences based reasoning

How are ethical decisions reasoned out

And ethical decision is one that is reasoned out typically by referring to a written authority that provides consistency

Think about consequences based ethics in rule-based ethical reasoning. Write a brief paragraph describing a scenario in which breaking the rules has an ethical outcome.

Parent rushes a sick child to the hospital and might not save the child's life if she obeys traffic laws.

How are ethics reflected in the laws

Because the US legal system is grounded on maturity rule the laws are judged to be right or good when they affect the majority of the people positively and vice versa. The government which is empowered by the US Constitution six to ensure that the federal law making props u The government which is empowered by the US Constitution six to ensure that the federal law making process provides the greatest good for the greatest number of people. However the constitution also seeks to protect my Nordie's that might be taken advantage of by the wrong actions of the majority. This is affected by the rights established in first 10 amendments to the constitution. This protection of basic human rights established in the Bill of Rights and other civil rights laws reflects the ethical basis of rules.

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