Test 1 - IT 6103
Name: __ ______________________________________________
1. Define Law.
“Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law.”
2. Give 5 functions of the law and examples (different examples than in the book).
a. Keeping peace ( Example : Beating a weaker human for any reasons ) b. Shaping moral standards ( Example : rape )
c. Promoting social justice ( Example : Gender Discrimination in scholarship or Race Discrimination in politics ) d. Maintaining the status quo ( Example : a status quo order may be issued to prevent one parent from removing a child from the residence or out of the area without the other parent's consent ) e. Facilitating orderly change ( Example : well-designed laws for commerce that allow businesses to plan their daily-activities, provide productive resources, and assess risk-management ) f. Providing a basis for compromise ( Example : mostly the law suites helps getting settled or reduces the charges before trials )
3. Define the 7 schools of jurisprudential thought
The philosophy or science of the law is referred to as jurisprudence. Traditional jurisprudence can be divided into four basic "schools of thought" or philosophies of law: a. Natural Law School
The Natural Law School of jurisprudence postulates that the law is based on what is “correct.”
b. Historical School
The Historical School of jurisprudence believes that the law is an aggregate of social traditions and customs that have developed over the centuries.
c. Analytical School
The Analytical School of jurisprudence maintains that the law is shaped by logic.
d. Sociological School
The Sociological School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
e. Command School
The philosophers of the Command School of jurisprudence believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society’s morality, history, logic, or sociology.
f. Critical Legal Studies School
The Critical Legal Studies School proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
g. Law and Economics School
The Law and Economics School believes that promoting market efficiency should be the central goal of legal decision making.
4. Explain in detail the state court system.
Each state and each territory of the United States has its own separate court system (collectively referred: State courts). Most state court systems include: limited-jurisdiction trial courts, general-jurisdiction trial courts, intermediate appellate courts, and a supreme court.
← Limited-Jurisdiction Trial Courts
State limited-jurisdiction trial courts, which are sometimes referred to as inferior trial courts, hear matters of a specialized or limited nature. E.g. Traffic courts, juvenile courts, justice-of-the-peace courts, probate courts, family law courts, and courts that hear misdemeanor criminal law cases are limited-jurisdiction courts in many states. Because limited-jurisdiction courts are trial courts, evidence can be introduced and testimony can be given. Most limited-jurisdiction courts keep records of their proceedings. A decision of such a court can usually be appealed to a general-jurisdiction court or an appellate court.
← General-Jurisdiction Trial Courts
Every state has a general-jurisdiction trial court. These courts are often referred to as courts of record because the testimony and evidence at trial are...
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