Submitted by: Submitted by dcao31
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Category: US History
Date Submitted: 03/04/2014 12:23 AM
The Nature of Law
• Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. • Important schools of legal thought:
– Natural law tradition. – Legal positivism. – Legal realism. • Sociological School – Historical School.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Areas of Law That Affect Decisions
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Sources of American Law
Constitutional Law
Statutory Law
Administrative Law
Case Law and Common Law Doctrines
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Case Law and Common Law Doctrines
• Case Law: Rules announced in court decisions. Includes the aggregate of reported cases. • Common Law: The body of law developed from custom or judicial decisions. The doctrines and principles embodied in case law, governs all areas not covered by statutory law or agency regulations.
* Common law includes case law *
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Equity: Procedural Differences
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Classifications of Law
• The law may be broken down according to several classification systems, such as:
– Substantive vs. Procedural law. – Civil vs. Criminal law. – Federal vs. State law. – National vs. International law. – Private vs. Public law.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Civil vs. Common Law of Nations
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Civil Law System
• A legal system stemming from Roman “code law,” in which the primary...