LEGL 2700 HACKLEMAN FINAL EXAM
LATEST 2024
Three main concepts for a functioning marketplace - ANSWER law, rule of law, property law - ANSWER most significant and formal legal force Rule of Law - ANSWER laws are equally applicable to everyone, they must be enforced against everyone the same way. This is the key to a wealthy nation property - ANSWER right of ownership, right to exclude others from what you originally/rightfully own or lawfully acquired (legal fence) three main types of property - ANSWER public, private, common public property - ANSWER any good that is owned by the government, public resources like parks, monuments etc..) private property - ANSWER property owned by individuals or companies, not by the government or the people as a whole common property - ANSWER things owned by more than one person Common Law System - ANSWER system that cares about what other judges have said, rely on precedence, vote on new cases based on similar old ones Civil Law System - ANSWER system that cares less about the past and more about how each judge has the right to interpret the law as they choose Louisiana is the only state in the United States that follows a ________ law system. - ANSWER quasi-civil law system 1 / 4
Public Law - ANSWER government regulating society and includes constitutional, administrative, and criminal law.Constitutional Law - ANSWER type of public law, involves interpreting and apply either state or federal constitutions to matters Administrative Law - ANSWER type of public law, includes and covers the leal principles that apply to the bureaucracy (government/administrative agencies, bureaus, boards, commissions) Criminal Law - ANSWER type of public law, addresses wrongs of society and offenses against the order of the state Private Law - ANSWER law that involves suits between private individuals or groups. Issues in-between people and includes property, contract, and tort law.property law - ANSWER type of private law, exclusive rights to both tangible and intangible resources Contract Law - ANSWER type of private law, set of laws that specify what constitutes a legally enforceable agreement. explains how resources are exchanged between two people.Tort Law - ANSWER type of private law, establishes rules for compensation when someone's legal boundaries are wrongfully crossed by another person Law of Business Organizations - ANSWER identifies how individuals can own and use private resources in groups Civil vs. Criminal Law - ANSWER Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties. Civil cases include suits between other people, without government intervention, whereas criminal cases always involve a government representative attempting to prove the defendant committed a wrong against society and is seeking to have the defendant punished by "societies standards" 2 / 4
Substansive Law - ANSWER Law category that defines, describes and regulates the legal question you need answered (by the court) Procedural Law - ANSWER Law that establishes the methods and means of enforcing the rights established by substantive law.Describes the machinery that will get you to the question at hand.jurisprudence - ANSWER philosophies that explain the origin of
law, and it's justification. There are five of these theories: natural law,
positive law, historical school, sociological, legal realism.Natural Law Theory - ANSWER type of jurisprudence; universal moral principles, laws must align with nature Positive Law Theory - ANSWER type of jurisprudence; command of government to create and enforcement what they feel is right Historical School Theory - ANSWER type of jurisprudence; the law reflects culture and customs of certain people, must vary by location Sociological Theory - ANSWER type of jurisprudence; law must meets the needs of society Legal Realism Theory - ANSWER type of jurisprudence; the law is only the law if enforced Sources of Law (in hierarchical order) - ANSWER federal law state law judicial decisions/case law Federal Law Hierarchy - ANSWER US constitution legislation (congress) administrative laws and regulations State Law Hierarchy - ANSWER state constitution statutes/acts regulatory laws by state administration 3 / 4
city ordinances order/opinion - ANSWER decisions made by judges on legal issues precedents - ANSWER opinions from prior (decided) cases now become ______ for new cases with similar facts and legal issues stare decisis - ANSWER "let the decision stand" doctrine of prior precedents where judges should follow the precedent whenever possible advantages to case law reliance - ANSWER stare decisis ensures predictability in the court system specifies boundaries of the legal system vertical authority - ANSWER Supreme Court —> Appellate Court—> Trial Court whatever supreme court says goes, as a judge, your precedent comes from who is above you in the hierarchy horizontal authority - ANSWER judges looking for advice can look to other similar cases in different states to see what their rulings were, but they are not bound by precedent in this case disadvantages to case law reliance - ANSWER volume of cases conflicting precedents rejection of precedent conflicts of law (vertical/horizontal) holding vs dicta increases difficulty determining what was ruled/what precedent was set holding - ANSWER The precise information coming from that court that explicitly answers the question that was asked, what is actually decided on dicta - ANSWER statements made in a judicial opinion that are not
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