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Law Definition

  • Date Submitted: 06/21/2011 03:32 AM
  • Flesch-Kincaid Score: 19.7 
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Nature of Law
Definition of Law :
Blackstone defined law as “a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong”
Function of Law :
- punishment
- dispute resolution
- protect property
- preservation of state
Legal Sanctions :
A primary function of the legal system is to make sure that legal rules are enforced. Sanctions are the means by which the law enforces the decisions of the courts. Without sanctions, laws would be ineffectual and unenforceable
Law and Morals : not the same
Law and Justice : law and justice represent separate and distinct concept. Without law, there can be no justice. However, law is no guarantee of justice

Classification of Law
Substantive Law : creates, defines, and regulates legal rights and duties
Procedural Law : establishes the rules for enforcing those rights that exist by reason of substantive
Public law : law dealing with the relationship between government and individuals
Private law : law governing the relationship among individuals and legal entities.
Civil law : duties the violation of which constitutes a wrong against the party injured by the violation.
Purpose : compensate the injured party
Criminal law : establishes duties the violation of which is a wrong against the whole community
Purpose : punish the wrongdoer

Sources of Law
Constitutional Law : establishes the governmental structure and allocates power among the levels of government, thereby defining political relationships
This government consists of 3 distinct and independent branches : the Frederal judiciary, the Congress, the Executive branch
Common law : the courts in common law systems have developed a body of law, known as “case law” , “judge-made law” or “common law”, that serves as precedent for determining later controversies. In this sense, common law is distinguished from other sources of law such as legislation and administrative rulings
Equity : was...


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