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Ch.1
What is the nature of law?
The law is constantly changing because rules (law) must be balanced considering rights of individuals and rights of evolving society.
What is law?
(1) Prediction of how a court will decide a legal question.
(2) Rule of civil conduct prescribed by the supreme power, commanding what is right, and prohibiting what is wrong.
What is the functions of law?
(1) To resolve disputes (without personal revenge!)
(2) To protect property - ownership, transfer.
(3) To preserve the State (government) - change is ok as long as it is orderly and legally done.
Ch.1 Law and Morals:
(1) Is an action moral improper but legal? (examples?)
14
(2) Is an action illegal but not morally improper? (examples?)
Law, not morals: drive on the right.
Law and morals: no kill.
Not law but morals: "You should not silently stand by and watch a blind man walk off a cliff."
Ch. 1
What is duty?
Legal obligation requiring a person to perform or refrain from performing an act.
What is substantive law?
Substantive law creates, defines, and regulates legal rights and duties. (What to do and not to do)
What is procedural law?
Procedural law sets forth rules of enforcing those rights that are created by the substantive law. (How to use substantive law)
What is public law?
(1) Substantive law branch
(2) Deals with the government's rights and powers and its relationship to individuals or groups
ps: government envolved law
What is private law?
(2) Governing individuals and legal entities in their relationship with one another.
What is civil law?
(1) Civil law defines duties and deals with the rights and duties of individuals among themselves.
(2) Part of private law.
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