MIE 305 Exam #1 Chapter 1

Chapter 1

56 cards   |   Total Attempts: 186
  

Cards In This Set

Front Back
Law
A body of enforceable rules governing relationships among individuals and between individuals and their society
They est. rights, duties, and privileges that are consistent with the values and beliefs of their society
Jurisprudence
Learning about different schools of legal thought and discovering how each school's approach to law can affect judicial decision making
The Natural Law Tradition
Traditional laws, you don't have to look them up in a rule book, oldest and more significant school of thought, *a universal law applicable to all human beings
Positive Law
Only applies to the citizens of that nation or society
Legal Positivism
School of legal thought centered on the assumption that there is no law higher than the laws created by the government. Laws must be obeyed to prevent anarchy
Historical School
Emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system. It looks to the past to discover what the principles of contemporary low should be. Strictly follows decisions made in past cases
Legal Realism
1920-1930s. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. The law can never be applied with total uniformity; different judges will bring different opinions
Sociological School of jurisprudence
This school views law as a tool for promoting justice in society.
Business Activities and Ethics
-The law impacts every-day business transactions (hiring/firing decisions, workplace safety, business financing)-Many different laws may affect a single business transaction-Ethics, the study of what constitutes right or wrong behavior, business decision makers need to consider not only what is legal but what is ethical
Sources of american Law
1. constitutional Law2. Statutory Law3. administrative law4. case law and common law doctrines
Secondary sources of law
Books and articles that summarize and clarify the primary sources of law
Constitutional Law
The body of law derived form the US Constitution and the constitutions of various states-highest controlling source of the law-State constitutions are supreme within state borders to the extent that they do not violate the US constitution or a federal law
Statutory Law
Statutes enacted by legislative bodies at any level of government SP- STATUTE-NONE of these laws can violate the us or state constitutions-State statutes are enacted by state legislatures-Uniform Laws, when adopted by a state legislature, become statutory law in that state. ex. clearing checks takes diferent amount of time, with uniform laws, states adopt a lot of the same rules so variation between states decrease
NCCUSL- National Conference of Commissioners on Uniform State Laws
Created in 1892 to deal with the differences among state laws when conflicting state statues frequently created difficulties for the rapidly developing trade and commerce among these states
Administrative Law
Rules, orders, and decisions of administrative agencies.