Ch.1 Legal Heritage and the Digital Age
Function of Law
1. Keeping the peace 2. Shaping moral standards 3. Promoting social justice 4. Maintaining the status quo 5. Facilitating orderly change 6. Facilitating planning 7. Providing a basis for compromise 8. Maximizing individual freedom
Law
A body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Law Courts
A court that developed and administered a uniform set of laws decreed by the kings and queens after William the Conqueror, legal procedure was emphasized over merits at this time.
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Administrative Agency
Congress has created the securities and Exchange Commission to enforce federal securities laws and the Federal Trade Commission to enforce consumer protection statutes. What is this an example of?
Sources of Law
Constitutional, Statutory, Administrative, Common are examples for what?
State Statute
Florida has enacted the Lake Okeechobee Protection Act to protect Lake Okeechobee and the northern Everglades Ecosystem. What is this an example of?
Ordinance
Mackinac Island, Michigan has enacted laws that keep the island car-free, keep out fast-food chains, and require buildings to adhere to era-specific aesthetic standards. What is this an example of?
Judicial Decision
State courts are not required to follow the legal precedent established by the courts of another state. What is this an example of?
Federal Statute
The National Labor Relations Act establishes the right of employees to form and join labor organizations. What is this an example of?
Brown v. Board of Education
The significance of this case shows how the constitution is a living document that is subject to change. Also that it may be amended to show the shifting of ideals.
Chancery (Equity) Courts
Under English common law, persons who believed that the decision of a law court was unfair or believed that the law court could not grant an appropriate remedy could seek relief in
Commercial laws that allow business to plan their activities, allocate resources, and assess risk
What is an example of Facilitating planning?
Laws the allow for the settlement of a case prior to trial.
What is an example of Providing a basis for compromise?
Laws enacted only after considerable study, debate, and public input.
What is an example of facilitating orderly change?
Making certain activities illegal
What is an example of keeping the peace?
Laws the prevent the forceful coup of government
What is an example of maintaining the status quo?
The rights of freedom of speech, religion, and association
What is an example of maximizing individual freedom?
Laws that prohibit discrimination in emplacement
What is an example of promoting social justice?
Laws that discourage drugs/alchohol
What is an example of shaping moral standards?
Treaty
What is formed when two-thirds of the senate enter a contract with a foreign government?
Supreme Laws
What type of laws come from the Constitution of the United States?
English common Law
What was the foundation of Law today?
Executive Order
When the president of the United States directly issues a command to prohibit United States companies from trading with foreign countries what is this an example of?
English Common
_____________ ______________ law was developed by judges who issued their opinions when deciding cases.
Administrative Agencies
a federal, state, or local government agency established to perform a specific function
Statutes
a written law passed by a legislative body
Merchant Courts
administer certain rules developed to resolve commercial disputes