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the law is an inherent, intuitive set of principles |
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the law is what established and stated to be |
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the law is what the particular decision- maker decides it to be |
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the law is an implement of societal control to maintain the pwoer of th elite class |
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law creating rights, duties and remedies |
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rules for enforcing substantive law through adminstrative or judical processes |
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law dealing with the relationship betweeen govt and indiv's [ constitutional, criminal and adminstrative law] |
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law governing the relationships among indiv's and/or legal entitites such as corporations |
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fundamental law of a govt establishing its powers and limitations |
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common law: body of law developed by the courts |
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statues or ordinances adopted by legislative bodies (includes Treaties) [state,congress] |
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rules,regulations, orders, and decisions made by adminstrative agencies |
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a scholarly; researched summary of the general principles of common law in a particular area of law |
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model statue drafted by conference and adopted by a number of states. UCC, UPA, etc/ model of state law [ex: drinking age law has been adopted by all states] |
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State courts 1. FL county courts 2. FL circuit courts 3. FL District Court of appeals 4. FL Supreme Court |
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U.S Courts 1. U.S District courts 2. U.S Circuit court of appeals 3. U.S Supreme court |
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Legal analysis
Jackson bought a new car and was going to sell his old one for 2500. His cousin trina called and said she needed a car, so jackson said he'd give it to her for free. The next day a coworker offered 3500 for the car, and he sold it to the coworker instead. Did jackson have the right to sell the car or did he legally gave it to a Trina as a gift? |
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Because the donor(Jackson) didnt deliver the car to the doner(Trina), legally no gift was made, Jackson was free to sell the car |
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indiv's look to a central authority or set of rules to guide them in ethical decision making |
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actions must be judged by what indiv's subjectively feel is right or wrong for themselves |
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one must judge a person's actions by first putting oneself in the actor's situation. (put yourself in their shoes) |
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moral actions are those that produce the greatest net happiness for society as a whole compared with net pain (E.G Jeremy Bentham) |
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assesses each act separately accoridng to whether it maximizes good over bad |
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supports rules that on balance produce the greatest pleasure for society |
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quantifies the benefits and cost of alternatives. |
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appropriation of name or identity |
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unauthorized use of a person's identity |
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unreasonable and offensive interference with the seclusion of another |
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public disclosure of private facts |
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offensive publicity of private information |
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offensive and misleading publicity about another |
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wrongfully entering land of another |
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notrespassory interference eercise of control over another's personal property |
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unauthorized intentional exercise of control over another's personal property |
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interfernce with contractual relations |
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intentionally causing one of the parties to contract not to perform |
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publication of false statements about another's property or products; ' business defamation' |
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fraudulent misrepresation (fraud) |
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false statement, made with knowledge of its falsity, intended to induce another to act |
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a person may not recover for injury for an incident to which he willingly and knowingly consents. |
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a person may take appropriate action to prevent harm to himself where time does not allow resort to the law |
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parties may be legally entitled to act in certain ways |
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