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Chapter 1 terms

TermDefinition
law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them.
right legal capacity to require another person to perform or refrain from an action.
duty an obligation of law imposed on a person to perform or refrain from performing a certain act.
right of privacy the right to be free from unreasonable intrusion by others
constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed.
statutory law legislative acts declaring, demanding, or prohibiting something.
administrative regulations rules made by the state and federal administrative agencies.
private law the rules and regulations parties agree to as apart of their contractual relationships.
case law law that includes principles that are expressed for the first time in court decisions.
precedent a decision of a court that stands as the law for a particular problem in the future.
stare decisis "let the decision stand"; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future.
common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts.
substantive law the law that defines rights and liabilities.
procedural law the law that must be followed in enforcing rights and liabilities.
criminal laws the laws that define wrongs against society.
civil laws the laws that define the rights of one person against another.
equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England.
Created by: mchoate
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