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memorize.ai (lvl 286)

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Section 1

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Functions of the Law

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Government Law Politics

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6 years ago

Date created

Mar 1, 2020

Cards (6)

Section 1

(6 cards)

Functions of the Law

Front

1.) keeping the peace 2.) promoting social justice (modern concept) 3.) facilitating orderly change 4.) encouraging compromise (falling off the list) 5.) shaping moral standards 6.) maintaining the status quo **7. ) facilitating planning ( most important to business) 8.) maximizing individual freedom

Back

Law merchant

Front

-For several centuries, merchants had been left to their own devices. -Merchants all around Europe handled their own affairs. -They developed a system of laws to govern business activities ~The Law Merchant~ -The Law Merchant laws were very efficient bc of the profit motive -By about 1600 the LM has slowly become part of the common law and it was administered by both Legal and Equitable Courts -Everything they did was to max profits and minimize costs

Back

Sources of American Law

Front

-Constitutional Law -Statutory Law (law passed by elected officials) ordinances, uniform commercial code -Administrative Law (rules and regulations by agencies) federal agencies, state and local agencies -Case Law and Common Law Doctrines

Back

Common Law tradition

Front

American law is based largely on English Common Law which was based largely on traditions, social customs, rules, and cases dating back to 1066 A.D.

Back

In Early English courts there were two separate court systems:

Front

Courts of Law (monetary relief) less than 1% of people had money, traded goods, land, etc Courts of equity (non-monetary relief) based on "notions of justice and fair dealing"

Back

Definition of Law

Front

Law is a body of rules of conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law.

Back