CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING I. SCHOOLS OF JURISPRUDENTIAL THOUGH a. Types of Schools of Jurisprudential Schools. 1. The Natural Law School A. Denotes a system of moral and ethical principles based on a person’s natural instinct and use of natural intelligence. i. Dates back to Greek Philosopher Aristotle (384-322 B.C.) distinguished between natural law and laws governing a nation. 2. The Positivist School A. Positive Law-National and written
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Business Law Notes Definition of Law Definition of Law – A rule of civil conduct prescribed by the supreme power in a state‚ commanding what is right‚ and prohibiting what is wrong. Nature of Law Functions of Law - To maintain stability in the social‚ political‚ and economic system through dispute resolution‚ protection of property‚ and the preservation of the state‚ while simultaneously permitting ordered change. Law and Morals * Are different but overlapping; law provides
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laws. The President has the power to veto a bill before it is passed into law. The Supreme Court reviews laws and can invalidate laws that are inconsistent with the Constitution (Melvin‚ 2012). American law uses the concept of the doctrine of stare decisis (Latin “to stand by that which is decided”). Cases that have the same facts and issues have outcomes similar to cases that have previously been decided. When parties are found guilty of breaking the law‚ the courts order compensation in the form
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state constitutional amendment conflicts with the U.S. Constitution. A. CONSTITUTIONAL LAW. A state’s constitution can’t conflict with the U.S. Constitution or a federal law. 1-5. What does stare decisis mean‚ and why has this doctrine been so fundamental to the development of our legal tradition? A. Stare decisis is a Latin phrase meaning "to stand on decided cases"; in other words‚ is a case precedent or statute‚ that may be binding or nonbinding‚ and will influence the outcome of future similar
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OF BUSINESS B5. Federal agency regulations take precedence over conflicting state agency regulations. ANSWER: T BUSPROG: Analytic B6. PAGE: 6 TYPE: = AICPA: BB-Critical Thinking PAGE: 8 TYPE: AICPA: BB-Legal + Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. ANSWER: F BUSPROG: Analytic B9. + Decisions by higher courts are not binding on lower courts. ANSWER: F BUSPROG: Analytic B8. 5 TYPE:
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evolve. Also‚ because "the way of life" for English was becoming more complex‚ the roman code could no longer suffice as law. Changes needed to be made to assure government did its job of protecting its citizens. So tweaks such as Stare Decisis where added in. Stare Decisis clearly states "let the decision stand". From this point on‚ if a judge where in doubt about a decision at hand‚ he could send a clerk to check for a similar case and uphold that
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Eminent Domain in Michigan Eminent domain is defined by law as the right of a government or its agent to expropriate private property for public use‚ with due compensation. However‚ there can be certain cases where the government go too far in their power‚ breaking apart towns and its people. In the cases of Poletown Neighborhood Council v. The City of Detroit in 1981 and Wayne County v. Hathcock in 2004‚ we can see eminent domain working well and working poorly in the state of Michigan. In 1981
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are constitutional law‚ statutory‚ administrative regulatory law‚ stare decisis‚ and the common law. These four laws combined makes criminal law. Constitutional law consists of state‚ namely‚ executive‚ legislature‚ and judiciary branches of government. Statutory laws are subordinate to the higher constitutional laws of the land. Statutes may originate with national‚ state legislatures or local municipalities. However‚ stare decisis‚ the principle that similar cases should be decided according to
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attachement 1. Describe the common legal issue raised in the court case assigned. 2. Describe the legal basis for the court arriving at seemingly different outcomes. 3. Justify the differing outcomes as the correct outcome in the case on the basis of stare decisis (legal precedents). Goldberg V. Kelly court case is about the termination of welfare benefits to recipient without adequate notice. In 1970‚ the recipients claimed that the administrators governing welfare programs were
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Chapter 1 THE NATURE AND SOURCES OF LAW A. Nature of Law and Legal Rights 1. LEGAL RIGHTS 2. INDIVIDUAL RIGHTS 3. THE RIGHT OF PRIVACY 4. PRIVACY AND TECHNOLOGY B. Sources of Law C. Uniform State Laws D. Classifications of Law Copyright 2010 Cengage Learning‚ Inc. All Rights Reserved. May not be copied‚ scanned‚ or duplicated‚ in whole or in part. Licensed to: iChapters User 4 Part 1 The Legal and Social Environment of Business law – the order or pattern of rules that society establishes
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