Chapter 1

What is Law?

A body of rules of action or conduct prescribed by the controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences.

_________passes statutes to fulfill treaty requirements.

Congress

English Common Law

Developed by judges who issued their opinions when deciding cases. Principles announced in these cases became precedent for later judges deciding similar cases.

Functions of Law

Keeping the peace Shaping moral standards Promoting social justice Maintaining the status quo Facilitating orderly change Facilitating planning Providing a basis for compromise Maximizing individual freedom

Sociological School

Law is a means of achieving and advancing certain sociological goals.

Command School

Law is a set of rules developed, communicated, and enforced by the ruling party.

Historical School

Law is an aggregate of social traditions and customs.

Natural Law School

Law is based on what is "correct." Law should be based on morality and ethics.

Analytical School

Law is shaped by logic.

Critical Legal Studies School

Legal rules as unnecessary, with legal disputes to be solved by applying arbitrary rules based on fairness.

All states except ______ base their legal systems on the English common law. _______ bases its law on civil law

Louisiana

Law and Economics School

Promoting market efficiency as the central concern of legal decision making.

Courts of Chancery (equity courts)

Remedies shaped to fit each situation

Merchant Courts

Solved commercial disputes based on trade practices

English Law Court

Uniform system of courts emphasizing form over substance Granted only monetary damages

Municipalities and local government bodies _____ ordinances.

enact

Executive branch (president) has the power to ____ the law

enforce

The U.S. Congress enacts _____statutes

federal

Judicial branch (courts) has the power to _____ and determine the ______ of the law

interpret validity

With the adoption of English Common Law in the U.S., the ____, _____ and _____ courts have merged

law equity merchant

Executive Orders- Power derived from express delegation from ______ branch or implied from ________ powers

legislative constitutional

Legislative branch (Congress) has the power to ______ (enact) the law

make

Administrative agencies usually have the power to hear and decide disputes called _______

orders

Doctrine of Stare Decisis

stand by the decision. Adherence to precedent

State legislatures enact ____ statutes

state