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LES 305 Exam 1 | Questions And Answers Latest {2024- 2025} A+ Graded | 100% Verified


Public Law - Laws enacted by some form of government. Includes state and federal constitutions and
statutes.



Private law - Law developed between two individuals. Landlords and homeowners associations are an
example.



Criminal law - A wrong against society. Have penalties such as fines and imprisonment.



Civil law - A wrong against another person. Require restitution; violator must compensate the harmed
party.



Substantive law - Laws that give rights and responsibilities. For example, when someone breaches a
contract they are breaching this kind of law.



Procedural law - Laws that provide the means for enforcing substantive rights. These laws govern how
suit is brought up and the trial process.



Common law - These laws have been in existence since 1066. William the conquerer sought these set of
laws for governing a then-divided England.



Stare decisis - "Let the decision stand"



Statutory law - Laws that are passed by some form of governmental body and written in some form.



Equity - A body of law that attempts to do justice when the law does not provide a remedy, when the
remedy is inadequate, or when the application of law is terribly unfair.



Injunctions - A type of equity that prohibits certain conduct or orders certain acts.

, Brief - A tool used by lawyers, law students, and judges to summarize a case and focus on its facts and
the key points of the decision of the court.



Jurisprudence - An area of legal study that is based on different theories and values of law. A latin term
meaning, "wisdom of the law."



Positive law school of thought - A theory where people believe that the critical part of law is obedience
so that we can have an orderly society.



Natural law school of thought - A theory that holds that we have certain rights that cannot be taken
away by law. Slavery is an example.



Justice Holmes - This philosopher said, "If I do live with others they tell me what I must do if I wish to
remain alive. If I do live with others they tell me what I must do and abstain from doing various things or
they will put screws to me" in the essay called Natural Law. A. "Law arises because we have to co-exist; I
can only do as much as others are willing to tolerate. Peer pressure is responsible for much of law."



Roscoe Pound - This philosopher wrote "My Philosophy of Law" and views that law exists as the result of
those who happen to be in power, that there is a type of social contract that we mutually honor. "Law is
social control through the use of force."



Congress - The group responsible for statutory law at the federal level. The laws passed by them become
part of the United States Code.



Executive orders - Laws of the executive branch of the federal government. President will give these
orders.



State codes - This contains the state's criminal laws, laws for incorporation, laws governing partnerships,
and contract laws. Much of the law that affects business is found in these.



Uniform codes - These are drafted by groups of business people, scholars, and lawyers in an effort to
make interstate business less complicated.



Ordinances - Zoning, traffic, curfew laws

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