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Questions and Answers
What are the five classifications of law?
What are the five classifications of law?
Explain the difference between public and private law.
Explain the difference between public and private law.
Public law is enacted by an authorized government body and applies to the general public, while private law is enacted by individuals and does not affect the general public.
Explain the difference between substantive and procedural law.
Explain the difference between substantive and procedural law.
Substantive law creates rights and responsibilities, while procedural law provides the means for enforcing those rights.
Explain the difference between common law and statutory law.
Explain the difference between common law and statutory law.
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What are the 7 things that a criminal case involves?
What are the 7 things that a criminal case involves?
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What are the 6 things that a civil case involves?
What are the 6 things that a civil case involves?
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What are legal remedies?
What are legal remedies?
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What are equitable remedies?
What are equitable remedies?
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How is the law applied?
How is the law applied?
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What is equity?
What is equity?
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What are the 6 equitable maxims?
What are the 6 equitable maxims?
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Study Notes
Classifications of Law
- Five major classifications of law: public vs private, substantive vs procedural, common vs statutory, criminal vs civil, and law vs equity.
Public Law vs Private Law
- Public law governs relationships between individuals and the state; applicable to the general public (e.g., federal employment laws).
- Private law deals with relationships among individuals and does not affect the general public (e.g., lease agreements).
Substantive Law vs Procedural Law
- Substantive law defines rights and responsibilities, such as constitutional rights.
- Procedural law outlines the processes for enforcing these rights, including due process and rules of evidence.
Common Law vs Statutory Law
- Common law originates from judicial decisions and follows the principle of stare decisis, established in England in 1066.
- Statutory law consists of laws enacted by legislative bodies.
Elements of a Criminal Case
- Involves wrongs against society or individuals within society.
- Typically initiated by the state rather than an individual.
- A defendant is prosecuted for committing a crime in violation of criminal law.
- Requires a trial with a government plaintiff, proving guilt beyond a reasonable doubt.
- A guilty verdict results in a conviction.
Elements of a Civil Case
- Focuses on interactions between individuals, enforcing private rights.
- Initiated through a lawsuit, where the plaintiff claims to have suffered wrong.
- The standard of proof is "more likely than not," supported by evidence.
- If successful, the defendant is held liable to the plaintiff.
Legal Remedies
- Legal remedies primarily involve monetary compensation for damages.
Equitable Remedies
- Include injunctions and specific performance, provided when no legal remedy is adequate.
- Serve as orders compelling or prohibiting certain actions.
Application of the Law
- The process begins with filing a complaint, involving both a plaintiff and defendant.
- Cases are tried before a judge or jury, resulting in a judgment that may include monetary damages.
Equity
- Initiated with a petition involving a petitioner and respondent, without jury entitlement.
- Results in a decree, which may include remedies like injunctions, rescission, or specific performance.
Equitable Maxims
- Emphasize fairness in dealings, and the law will guide outcomes.
- Relief is granted when no legal remedy exists, prioritizing fairness over legal technicalities.
- Rights should not be neglected over an unreasonable duration.
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Description
Test your knowledge on the major classifications of law including public vs private and substantive vs procedural law. This quiz covers the fundamentals of various legal concepts and distinctions that shape the legal system. Perfect for law students or anyone interested in legal principles.