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Chapter 1 Intro.
| Term | Definition |
|---|---|
| What is Law? | |
| The Judicial Process | How the judicial system goes about deciding controversies. |
| Function of Law | Primary purpose of the law is to promote social, political, and economic stability while still allowing for societal, political, and economic change. |
| The function of Law: how does law promote stability? | Dispute Resolution, Protect Private Ownership of Property, Preservation of the State. |
| Dispute Resolution | The law makes it possible to solve disputes. This avoids people taking the the solution to these disputes into thier own hands~In early human society, this often led to violence. |
| Private Ownership of Property | The law enables people to acquire, keep, transfer, and protect their property. It also enables people to make agreements to exchange property or services. This promotes, creates, and maintains value. |
| Preservation of the State | The law creates institutions and processes that provides for orderly and peaceful change of the country's political structure.these include elections, legislation, and initiatives. These avoids the alternatives: revolution and rebellion. |
| Classifications of Law: | To understand the classifications, you need to understand the rights and duties. |
| Rights & Duties; RIGHT | a right exists when a person can require a person to perform or not perform a certain act. Requires aid of law. Example: the right to prevent someone from coming on thier land |
| Rights and Duties: DUTY A duty exists when the law requires someone to perform or not to perform certain act. | A duty exists when a law requires someone to perform or not to perform certain acts. Example: the duty not to punch someone in the nose |
| Rights & Duties: Interrelated | No duty exists without a corresponding right in another person. No right exists unless another has a corresponding duty. |
| Substantive Law v.s Procedural Law: Substantive Law | |
| To brief a case: |