What is law? - answer✔something that must be obeyed
what are two functions of law? - answer✔- maintain order
- resolve disputes
- protect citizens from government
what is the law from the code of Hammurabi that we have incorporated into our American legal
system? - answer✔One of the first written legal systems with scaled punishments (eye for an
eye, tooth for tooth) based on class/societal worth (the eye of an aristocrat is of more value
than the eye of a plebeian). It also included contracts (what is fair compensation) and provided
for divorce.
what do the minimum wage act or the equal housing act say about our beliefs as a society? -
answer✔assure decencies of life
tell me the tale of seaman holmes and why the law dealt leniently with him. - answer✔human
frailty, in emergency, did it to save other lives
In a feudalistic lan tenure system, who holds titles (owns) all the land? - answer✔King
What is "fee simple" ownership? - answer✔freehold system of estates
Property rights accompany ownership in fee simple land tenure, with seperate rights
represented as sticks in a bundle. List 3 "sticks" that accompany fee simple ownership. -
answer✔- lease
- possess
- subdivide
- leave in will
- mortgage
List two rights/sticks that the government maintains. - answer✔- tax
- take for public use
- escheat
What is the public trust doctrine? - answer✔- some lands cannot be privatized and must
maintain for public use
- preserve and maintain
- tidelands case: exapands PT to tidelands, mono lake- expands to non-navigable tributaries
In what united states supreme court case was the doctrine first set forth? - answer✔Central
Illinios Railroad Company vs. Illinios
MR. AND MRS. JUST WANTED TO DEVELOP THEIR LAKESHORE PROPERTY IN WISCONSIN. WHEN
THE ZONING COMMISSION DENIED THEM THE NECESSARY PERMITS FOR DEVELOPMENT, THEY
SUED, CLAIMING THAT THE GOVERNMENT HAD "TAKEN" THEIR LAND AND, AND, THEREFORE,
AS PROVIDED IN THE FIFTH AMENDMENT TO THE CONSTITUTION, THEY WERE ENTITLED TO
"JUST COMPENSATION." DID THE JUSTS PREVAIL? EXPLAIN YOUR ANSWER. - answer✔- the
Justs lost the case - there was a zoning law which protected PT wetlands
- not taking because they can still use the land
WHAT IS THE CONCEPT OF FEDERALSIM AS ESTABLISHED IN THE UNITED STATES
CONSTITUTION? - answer✔state and federal government
WHAT GOVERNMENT BODY DOES THE CONSTITUTION AUTHORIZE TO MAKE LAWS? -
answer✔legislature
NAME TWO OTHER "AGENCIES OF LAW." - answer✔- administrative
- judicial/courts
WHAT IS CALLED 'THE ELASTIC CLAUSE' IN THE CONSTITUTION AND WHY? - answer✔- Article 1
section 8
- make all laws necessary and proper
PROFESSOR SEAN MULHOLLAND, FACULTY AT STONEHILL COLLEGE IN MASSACHUSSETTS,
DISCUSSED THE PROBLEMS ASSOCIATED WITH "OPEN ACCESS RESOURCES." IN 1968
BIOLOGIIST GARRETT HARDIN DISCUSSED THE SAME ISSUES AND THE SAME RESOURCES. WHAT
DID PROFESSOR HARDEN CALL OPEN ACCESS RESOURCES? - answer✔
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