Law - answer✔A formal social force established by the government that must be enforced to actually
matter
Rule of Law - answer✔Laws that are made are generally and equally applicable
Property - answer✔The right of ownership given to a citizen; a "legal fence"
Public - answer✔Examples of this type of property are roads, schools, monuments, and parks
Private - answer✔Examples of this type of property are individually owned cars or houses
Common - answer✔Examples of this type of property are neighborhood pools and tennis courts
Criminal Law - answer✔Type of law that provides public protection for private resources and punishes
those who harm them
Tort Law - answer✔Type of law that protects and compensates owners through private civil lawsuits
when their resources, including those they have in themselves, are wrongfully harmed by the actions of
others
Law of Business Organizations - answer✔Type of law that identifies how individuals can own and use
resources in groups; includes corporate governance
Contract Law - answer✔Type of law that determines how resources, including labor, are exchanged
between owners; selling and purchasing anything
Constitutional Law - answer✔Type of law that establishes the framework of the state whose purpose is
to protect property in its broadest sense; interpreting or applying the US or state constitution
Administrative and Regulatory Law - answer✔Type of law that concerns public laws that protect, tax,
regulate, or redistribute an owner's resource; principles applying to government agencies
Jurisprudence - answer✔How judges have interpreted what the law says
Natural Law - answer✔Jurisprudence that says if a law is against nature, then it's not going to stand
Positive Law - answer✔Jurisprudence that says the government can make any kind of law it wants to
even if it's not morally right (slavery)
Historical School - answer✔Jurisprudence that says laws are based off of difference cultures and
traditions, so they're bound to be different in different countries
Sociological - answer✔Jurisprudence that says laws have to change with the times (technology, 2nd
amendment)
Legal Realism - answer✔Jurisprudence that says it's only a law if it's actually enforced (55 mph on 285)
Common Law System - answer✔Emphasizes the roles of judges in determining the law and the
precedents set by previous judges
Civil Law System - answer✔Focuses on statute in place and doesn't care what other judges have come
up with when looking at an individual case
Public Law - answer✔Type of law that refers to matters that involve the regulation of society as opposed
to individuals interacting
Private Law - answer✔Type of law that covers legal problems and issues that concern your private
resource relationships with other people
Civil - answer✔Type of law that address rights between two persons
Criminal - answer✔Type of law that addresses wrongs of society
Substantive - answer✔Category of law describing the question you need answered
Procedural - answer✔Category of law describing the procedure needed to get to the actual issue
Legislation - answer✔Laws passed by Congress; also called acts or statutes
Codes - answer✔Collections of legislation, often on the same subject
Ordinances - answer✔Laws that are enforced only in certain cities or counties
Opinion - answer✔A decision that a judge has made on a particular case
Reporter - answer✔A collection of opinions published in book volumes
Precedent - answer✔Opinions from past cases and legal issues that are used to judge current cases
Stare Decisis - answer✔Says judges should follow precedents whenever possible
Holding - answer✔The precise information coming from that court that explicitly answers the question
that was asked
Dicta - answer✔Other opinions that do not explicitly answer the question that was asked
Constitutional Relativity - answer✔The idea that courts should understand the meaning of the
Constitution relative to the times in which they interpret it
Originalism - answer✔The idea that courts should interpret the Constitution only according to the
intentions of those who wrote it
Conflicts of Law - answer✔Rules that are applied often when there are disagreements between parties
in different states
Sanction - answer✔Method used by law enforcement officials and courts to encourage obedience of or
force compliance with the law
Remedy - answer✔Rights of an individual to take another person's resources as that person failed to
meet the requirements of law
Breach of Contract - answer✔When one party of a contract fails to do what he or she agreed to do
Consequential Damages - answer✔The result of a breach of contract that makes up for further loss
resulting from the original losses
Compensatory Damages - answer✔The result of a breach of contract that makes up for the original loss
Specific Performance - answer✔The result of a breach of contract where the court commands the party
to do what they said they were going to do initially
Intentional Tort - answer✔Type of tort where the plaintiff must prove the defendant intended to cross
boundaries protecting the plaintiff (assault, battery, trespassing)
Negligence - answer✔Type of tort where the plaintiff must prove that the defendant injured what was
proper to the plaintiff through unreasonable behavior
Strict Liability - answer✔Type of tort where the plaintiff must prove only that the defendant has injured
something proper to the plaintiff
Punitive Damages - answer✔Penalty for a tort case used for people that knew they were doing
something wrong but still did it anyway; also called exemplary damages
Vicarious Liability - answer✔The risk an employer takes by being liable for the negligence of his or her
employees
Corporation - answer✔A business chartered by the state to do business as a legal person in a certain
form of organization
Corporate Governance - answer✔Refers to the legal rules that structure, empower, and regulate the
agents of corporations and define their relationship to the owners
Judges - answer✔Individuals who operate courts
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