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Law and Legel System Study Help

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LAW AND THE LEGAL SYSTEM
PLA 3014
SPRING SEMESTER 2016, Exam #1
CONCEPTS TO HELP YOU REVIEW
I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer
Sections of Exam
Civil Disobedience
What are the functions that law fulfills in society? (pp. 2-4)
Malum in Se (and be able to identify examples illustrating these laws)
Malum Prohibitum (and be able to identify examples illustrating these laws)
Precedent (and why important to the common law and our court system)
Stare Decisis (and why important to the common law and our court system)
What is Natural Law? Why important to history and formation of common law?
What is Positive Law?
What is the “sociological theory of law?”
What are the four primary sources of law? Where do we find “law” today?
What was the most important source of law historically for the common law?
What is the order of importance of sources of law today in U.S.?
Change in Legal Methodology in U.S. (hint: what was the change in focus in the
US regarding the four sources of law? Why? See p. 37)
What are the major differences between criminal and civil law in the U.S. today?
Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society
What are the four global legal traditions? Which are most prevalent today?
Be able to briefly define each of the four global legal traditions and provide a coherent definition of each of the four systems
What are the salient differences between Common Law Systems and Civil Law
(Romano-Germanic Law) systems today?
How did the Common Law develop in Great Britain?
Who was Jeremy Bentham? Why relevant and mentioned in class?
What is a “Tort?”
What is the difference between Substantive and Procedural Laws?
What is Lex Talionis?
What is

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