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LEGL 2700 FINAL EXAM STUDY GUIDE SOLUTIONS

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LEGL 2700 FINAL EXAM STUDY GUIDE SOLUTIONS Law - ANSWER-intended to tell members of a society what they can and cannot do made of of rules and these rules are laid down by the state and backed up by enforcement Rule of Law - ANSWER-laws that are made generally and equally applicable apply to ...

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  • November 13, 2024
  • 63
  • 2024/2025
  • Exam (elaborations)
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EmilyCharlene
LEGL 2700 FINAL EXAM STUDY
GUIDE SOLUTIONS

Law - ANSWER✔✔-intended to tell members of a society what they can and cannot do


made of of rules and these rules are laid down by the state and backed up by

enforcement


Rule of Law - ANSWER✔✔-laws that are made generally and equally applicable


apply to all members of society / nobody is above the law


Property - ANSWER✔✔-ownership


the right to turn to public authorities to help you keep others from interfering with

what you own


private (own as an individual)


common (joint ownership like land)


Exclusionary Right - ANSWER✔✔-property included an ownership of individual

constitutional and human rights in ourselves that excludes the state from interfering

with these rights (John Locke)


Jurisprudence - ANSWER✔✔-philosophies of law

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,natural, positive, historical, sociological, legal realism


Natural Law - ANSWER✔✔-law contains universal moral principles


observable in nature and determined through human reason


John Locke


formalism


Positive Law - ANSWER✔✔-the commands of the state backed by force and

punishment


Jeremy Bentham


consequentialism


Historical School - ANSWER✔✔-emphasizes that contemporary law should focus on

legal principles that have withstood the test of time in a nation


different nations may have different traditions and laws


Friedrich Savigny


Sociological Law - ANSWER✔✔-law can and should change to meet new developments


ex: 2nd Amendment was written when a person that was highly trained only had

means of a 25lb rifle that could only fire 2 rounds a minute


Legal Realism - ANSWER✔✔-enforce, interpret, and apply



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,"law is what officials do about it"


ex: speed limit


Classifications of Law - ANSWER✔✔-common law vs. civil law


public law vs. private law


criminal law vs. civil law


substantive law vs. procedural law


Common Law - ANSWER✔✔-emphasizes the roles of judges in determining the

meanings of laws and how they apply


judicial decisions become precedents


judges can invalidate legislation


Civil Law - ANSWER✔✔-relies more on legislation than judicial decisions for law


similar to common in that courts decide the facts in a disputed case BUT these courts do

not necessarily follow precedents


judges don't play as large of a role


Public Law - ANSWER✔✔-includes matters that involve the regulation of society


government official represents the people




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, constitutional law: involves interpretation and application of either federal or state

constitutions


administrative law: covers the legal principles that apply to government agencies


criminal law: specifies various offenses against the proper oder of the state


Private Law - ANSWER✔✔-covers those legal problems and issues that concern your

private resource relationships with other people


property law: involves recognition of exclusive right in tangible and intangible

resources


contract law: covers the rules of how owners transfer resources by exchanging them


tort law: establishes rules for compensation when an owner's legal boundaries are

wrongfully crossed


Criminal Law - ANSWER✔✔-involve a representative of government attempting to

prove the wrong committed against society


involves punishment of wrongdoer


Civil Law - ANSWER✔✔-may include suits for breach of contract or tort cases


involves a request for damages or appropriate relief that does not involve punishment

of wrongdoer




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