Podcast
Questions and Answers
Which professional's role includes representing clients in court?
Which professional's role includes representing clients in court?
- Mediator
- Paralegal
- Judge
- Lawyer (correct)
What is the purpose of negotiation in the legal process?
What is the purpose of negotiation in the legal process?
- To reach a settlement through discussions between parties (correct)
- To have a neutral third party make a binding decision
- To conduct legal research
- To resolve disputes through court proceedings
Which principle asserts that everyone is accountable to the law?
Which principle asserts that everyone is accountable to the law?
- Human Rights
- Separation of Powers
- Rule of Law (correct)
- Checks and Balances
What is the function of the 'checks and balances' system in government?
What is the function of the 'checks and balances' system in government?
How does the law affect businesses?
How does the law affect businesses?
What is the primary function of law in society?
What is the primary function of law in society?
Which of the following is a source of law?
Which of the following is a source of law?
Which type of law deals with offenses against society?
Which type of law deals with offenses against society?
What legal system relies heavily on judicial precedents?
What legal system relies heavily on judicial precedents?
What is the term for the authority of a court to hear and decide a case?
What is the term for the authority of a court to hear and decide a case?
What is a precedent in the legal system?
What is a precedent in the legal system?
What ensures that the government respects all legal rights owed to a person?
What ensures that the government respects all legal rights owed to a person?
What is a tort?
What is a tort?
Flashcards
Lawyers
Lawyers
Licensed professionals who advise clients, represent them in court, and draft legal documents.
Litigation
Litigation
Process of resolving disputes in court.
Rule of Law
Rule of Law
The principle that everyone is subject to the law, fairly applied and enforced.
Separation of Powers
Separation of Powers
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Human Rights
Human Rights
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What is Law?
What is Law?
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What are Constitutions?
What are Constitutions?
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What is Criminal Law?
What is Criminal Law?
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What is Civil Law?
What is Civil Law?
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What is Common Law?
What is Common Law?
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What is Jurisdiction?
What is Jurisdiction?
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What is Precedent?
What is Precedent?
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What is Negligence?
What is Negligence?
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Study Notes
- A system of rules and guidelines usually enforces law through a set of institutions.
- It shapes politics, economics, and society in numerous ways
- Law serves as a primary social mediator of relations between people.
- Law provides a framework for the creation of laws, the protection of rights, and the resolution of disputes.
- Different legal systems exist around the world, including civil law, common law, and religious law.
Sources of Law
- Constitutions are Foundational documents that establish the framework for government and define the rights of citizens.
- Statutes are laws enacted by legislative bodies.
- Regulations are rules and procedures created by government agencies to implement statutes.
- Case Law is law established by judicial decisions, also known as common law.
- Treaties are agreements between countries that become part of a nation's law.
Types of Law
- Criminal Law deals with offenses against society, such as theft, assault, or murder, prosecuted by the government.
- Civil Law concerns disputes between individuals or organizations, seeking compensation or other remedies.
- Constitutional Law focuses on the interpretation and application of the Constitution.
- Administrative Law governs the activities of administrative agencies of government.
- International Law regulates relations between countries.
Legal Systems
- Common Law relies on judicial precedents set by courts, with statutes complementing case law.
- Civil Law is based on codified statutes and legal codes, with less emphasis on judicial precedent.
- Religious Law is derived from religious doctrines and principles.
Legal Concepts
- Jurisdiction is the authority of a court to hear and decide a case.
- Precedent is a principle or rule established in a prior court case that is persuasive or binding for a court when deciding subsequent cases with similar issues or facts.
- Due Process is a legal requirement that the government must respect all legal rights that are owed to a person.
- Standing is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
- Negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
- Contract is a legally binding agreement between two or more parties.
- Tort is a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act and is also known as delict.
Legal Professions
- Lawyers are licensed professionals who advise clients on legal matters, represent them in court, and draft legal documents.
- Judges are officials who preside over court proceedings, interpret the law, and make rulings.
- Paralegals assist lawyers by conducting legal research, drafting documents, and providing support services.
Legal Process
- Litigation is the process of resolving disputes in court.
- Negotiation includes discussions between parties to reach a settlement.
- Mediation is a process in which a neutral third party helps parties reach a voluntary settlement.
- Arbitration is a process in which a neutral third party makes a binding decision resolving the dispute.
Key Principles
- Rule of Law states that all people are subject to and accountable to the law, which is fairly applied and enforced.
- Separation of Powers sees government divided into branches with distinct responsibilities (legislative, executive, judicial).
- Checks and Balances are a system where each branch of government can limit the power of the other branches.
- Human Rights are basic rights and freedoms that belong to every person in the world, from birth until death.
Impact of Law
- Law affects business by regulating contracts, protecting intellectual property, and governing corporate behavior.
- It impacts individuals by determining rights, responsibilities, and providing dispute resolution mechanisms.
- Law influences government by defining powers, setting limits, and ensuring accountability.
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Description
Explore the basics of law: its role in society, sources like constitutions and statutes, and different types including criminal and civil law. Understand how legal systems shape our world and govern interactions.