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LEGL 2700 HACKLEMAN FINAL EXAM 2024 FULLY SOLVED!!!
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LEGL 2700 HACKLEMAN FINAL EXAM2024 FULLY SOLVED!!!
Three main concepts for a functioning marketplace - -law, rule of law,
property
-law - -most significant and formal legal force
-Rule of Law - -laws are equally applicable to everyone, they must be
enforced against everyone the same way. This is the key to a wealthy nation
-property - -right of ownership, right to exclude others from what you
originally/rightfully own or lawfully acquired (legal fence)
-three main types of property - -public, private, common
-public property - -any good that is owned by the government, public
resources like parks, monuments etc..)
-private property - -property owned by individuals or companies, not by the
government or the people as a whole
-common property - -things owned by more than one person
-Common Law System - -system that cares about what other judges have
said, rely on precedence, vote on new cases based on similar old ones
-Civil Law System - -system that cares less about the past and more about
how each judge has the right to interpret the law as they choose
-Louisiana is the only state in the United States that follows a ________ law
system. - -quasi-civil law system
-Public Law - -government regulating society and includes constitutional,
administrative, and criminal law.
-Constitutional Law - -type of public law, involves interpreting and apply
either state or federal constitutions to matters
-Administrative Law - -type of public law, includes and covers the leal
principles that apply to the bureaucracy (government/administrative
agencies, bureaus, boards, commissions)
, -Criminal Law - -type of public law, addresses wrongs of society and
offenses against the order of the state
-Private Law - -law that involves suits between private individuals or groups.
Issues in-between people and includes property, contract, and tort law.
-property law - -type of private law, exclusive rights to both tangible and
intangible resources
-Contract Law - -type of private law, set of laws that specify what
constitutes a legally enforceable agreement. explains how resources are
exchanged between two people.
-Tort Law - -type of private law, establishes rules for compensation when
someone's legal boundaries are wrongfully crossed by another person
-Law of Business Organizations - -identifies how individuals can own and
use private resources in groups
-Civil vs. Criminal Law - -Criminal laws regulate crimes, or wrongs
committed against the government. Civil laws regulate disputes between
private parties. Civil cases include suits between other people, without
government intervention, whereas criminal cases always involve a
government representative attempting to prove the defendant committed a
wrong against society and is seeking to have the defendant punished by
"societies standards"
-Substansive Law - -Law category that defines, describes and regulates the
legal question you need answered (by the court)
-Procedural Law - -Law that establishes the methods and means of
enforcing the rights established by substantive law. Describes the machinery
that will get you to the question at hand.
-jurisprudence - -philosophies that explain the origin of law, and it's
justification. There are five of these theories: natural law, positive law,
historical school, sociological, legal realism.
-Natural Law Theory - -type of jurisprudence; universal moral principles,
laws must align with nature
-Positive Law Theory - -type of jurisprudence; command of government to
create and enforcement what they feel is right
-Historical School Theory - -type of jurisprudence; the law reflects culture
and customs of certain people, must vary by location
, -Sociological Theory - -type of jurisprudence; law must meets the needs of
society
-Legal Realism Theory - -type of jurisprudence; the law is only the law if
enforced
-Sources of Law (in hierarchical order) - -federal law
state law
judicial decisions/case law
-Federal Law Hierarchy - -US constitution
legislation (congress)
administrative laws and regulations
-State Law Hierarchy - -state constitution
statutes/acts
regulatory laws by state administration
city ordinances
-order/opinion - -decisions made by judges on legal issues
-precedents - -opinions from prior (decided) cases now become ______ for
new cases with similar facts and legal issues
-stare decisis - -"let the decision stand" doctrine of prior precedents where
judges should follow the precedent whenever possible
-advantages to case law reliance - -stare decisis
ensures predictability in the court system
specifies boundaries of the legal system
-vertical authority - -Supreme Court—> Appellate Court—> Trial Court
whatever supreme court says goes, as a judge, your precedent comes from
who is above you in the hierarchy
-horizontal authority - -judges looking for advice can look to other similar
cases in different states to see what their rulings were, but they are not
bound by precedent in this case
-disadvantages to case law reliance - -volume of cases
conflicting precedents
rejection of precedent
conflicts of law (vertical/horizontal)
holding vs dicta increases difficulty determining what was ruled/what
precedent was set
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