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MIE 305 Exam 1/119 Questions and Answers A+ Graded
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MIE 305 Exam 1/119 Questionsand Answers A+ Graded
Law - -a regime or structure that orders (or controls) human relations in
society/groups- it is a set of rules, involving the issuance of prescriptions
(things that must be done) and proscriptions (things that must not be done).
requiring or using the systematic application of force for enforcement. It
needs to be predictable, routinized and faithfully enforced.
-law merchant - -medieval legal system prevalent in Europe that
established practical rules of commerce and trade
-substantive law - -laws that regulate and control the rights and duties of
persons and are used to resolve disputes
-Procedural law - -laws that establish the process by which litigation is
conducted
-Public law - -includes those bodies of law that affect the public generally.
three categories:
constitutional law: u.s constitution "supreme law of the land"
administrative law: rules, orders and decisions of federal or state
administrative agencies. authority to regulate is provided by statute.
criminal law
-Private law - -that body of law that pertains to the relationships between
individuals in an organized society. contracts (body of law: sales, commercial
paper, agency, and business organizations), torts (primary source of
litigation; part of the total body of law in agency and sales; a tort is a wrong
committed by one party against another, or against another's property;
people who injure other persons or their property should compensate them
for their loss) , and property (a branch of the law of contracts, but in many
ways our concept of private property contains much more that the contract
characteristics; wills, trusts, estates in land, personal property, bailments,
etc.)
-Civil (code) law - -a system of law based on legislation or codes, as in the
European system of codified law. law suits, most common
-Criminal law - -crimes made against the u.s laws
-equity - -the law courts of England could only resolve disputes with money
damages. no other remedy available to them. to gatekeep access to court,
they developed a complicated/difficult writ system with demanding
, requirements. more people began availing themselves of the "king's justice"
administered by the Lord Chancellor. they became known as chancery courts
guided by principles of equity rather than stricter rules of law. chancery
courts could fashion any remedy, be it money damages or orders of specific
performance (decrees).
U.S systems began merging law and equity in 1848 in NY and some other
states. federal in 1938
-stare decisis - -the doctrine that law should adhere to decided cases and
"stand by the decision"
-res judicata - -the legal doctrine that once a dispute is litigated and
resolved, these parties are forever barred from litigating the same matter
again-- "the thing has been decided"
-dicta - -statements of the court that are not necessary to decide the
controversy before the court
-Vago's purposes and functions of law - -functions:
Social Control: explicit rules, sanctions, designated officials for enforcement
(police, jail, loss of assets)
Social Change: law can be used to encourage/discourage behavior on to
"shape society" for the better
Dispute resolution: reasonable/predictable ability to settle disputes.
Purposes:
-Consensus
-Conflict
-consensus perspective - -considers law as a neutral framework for
maintaining social integration. law is an attempt to satisfy, to reconcile, to
harmonize, to adjust these overlapping and often conflicting claims and
demands.
-conflict perspective - -considers society as consisting of individuals and
groups characterized by conflict and dissension and held together by
coercion. order is temporary and unstable because every individual and
group strives to maximize its own interests in a world of limited resources
and goods... in this perspective... law is an instrument of repression,
perpetuating the interests of the powerful at the cost of alternative interests,
norms and values
-judicial review - -the power of courts to declare laws and executive actions
unconstitutional.
the doctrine that allows the federal courts to determine whether acts by the
federal government or the state governments conform to edicts of the
constitution.
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