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Questions and Answers
What type of law deals with the substance of the law, specifying the rights and duties of individuals and organizations?
What is the primary source of law in a common law system?
Which branch of law deals with disputes between individuals, organizations, or government entities?
What is the main characteristic of a civil law system?
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Which type of law deals with the process of enforcing the law?
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What is the primary source of law in a civil law system?
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Study Notes
Types of Law
- Substantive Law: Deals with the substance of the law, specifying the rights and duties of individuals and organizations.
- Procedural Law: Deals with the process of enforcing the law, including the rules of evidence, court procedures, and jurisdiction.
Sources of Law
- Statutes: Written laws enacted by legislative bodies, such as Congress or state legislatures.
- Common Law: Judge-made law, based on court decisions and customs.
- Case Law: Law developed through judicial decisions in previous cases.
- Administrative Law: Regulations and rules created by administrative agencies.
- Constitutional Law: Law based on the interpretation of a country's constitution.
Branches of Law
- Civil Law: Deals with disputes between individuals, organizations, or government entities, often involving contracts, torts, and property rights.
- Criminal Law: Deals with crimes against the state, society, or individuals, and the punishment of those who commit them.
- International Law: Deals with the relationships between countries, including treaties, trade agreements, and human rights.
Legal Systems
- Common Law System: Based on judge-made law, precedent, and custom, used in the United States, United Kingdom, and other countries.
- Civil Law System: Based on codified laws and statutes, used in countries such as France, Germany, and Japan.
- Mixed Law System: Combines elements of common law and civil law systems, used in countries such as South Africa and Scotland.
Key Concepts
- Jurisdiction: The power of a court to hear and decide a case.
- Precedent: A previous court decision that serves as a guide for future cases.
- Stare Decisis: The principle of following precedent in court decisions.
- Due Process: The right to a fair and impartial trial, guaranteed by the constitution.
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Description
Test your knowledge of the basics of law, including types of law, sources of law, branches of law, legal systems, and key concepts. Covers substantive and procedural law, statutes, common law, and more.
