What is the difference between positive law and natural law?
Positive law is whatever the legislature says it is (or, in jurisdictions where case law is binding, whatever the judiciary has ruled in cases which have not been overturned and constitute sources of precedent). Natural law is law which claims a basis in God, nature or reason.
What is the difference between common law and positive law?
Common law is based on the current standards or customs of the people and is usually pronounced by judges in settling people’s disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place.
How are conflicts between laws resolved?
How are conflicts between constitutional, statutory, case, and administrative laws resolved? The federal Constitution is the supreme authority. The validity of laws is determined by whether they violate authority granted by constitutions or legislative bodies or conflict with laws enacted by higher authorities.
What law defines legal rights and duties?
group of laws that define the methods for enforcing legal rights and duties. substantive law. group of laws that define rights and duties.
What are the two systems of law in use today?
The two systems of law in use today are the English common law and the? Roman civil law. Most American law courts can use either damages or injunctions or both as a remedies in civil cases.
What law is enacted on a local level?
Lesson 1-2 Reteach
| A | B |
|---|---|
| What law is created by judicial branch? | case law |
| What law is enacted on state or federal level by a legislature? | statute |
| What law is enacted on a local level? | ordinance |
| What law defines legal rights & duties | substantive |
What is the difference between substantive law and procedural law?
Substantive law establishes the rights and obligations that govern people and organizations; it includes all laws of general and specific applicability. Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law.
What are the 2 sources of criminal law?
Section 3.1: Sources of Criminal Law
- The Common Law.
- Constitutions.
- Statutory Law.
- Administrative Law.
- Court Cases.
What are the types of substantive law?
Substantive law refers to all categories of public and private law, including the law of contracts, property, torts and crimes of all kinds. Substantive law deals with the “substance” of charges. There are elements of substantive law in both criminal and civil law.
What are the 7 procedural defenses?
Procedural defensesEdit
- Collateral estoppel.
- Denial of a speedy trial.
- Double jeopardy.
- Entrapment.
- Prosecutorial misconduct.
- Selective prosecution.
What do the general rules or laws of self-defense allow?
Self-defense law requires the response to match the level of the threat in question. In other words, a person can only employ as much force as required to remove the threat. If the threat involves deadly force, the person defending themselves can use deadly force to counteract the threat.
What are the excuse defenses?
Excuse defenses are used when the actor’s mental state or belief demonstrate that he should not be held responsible for the criminal act. Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.
Which type of law is also known as the law on the books?
Statutory law
What is the difference between law on the books and law in action?
Law-in-action is an attribute of legal practice and other social decisions in which legal rules have indeterminate strength relative to other considerations involved in the same decisions. Law-on-the-books comes from doctrinal teaching and research in law school.
What type of laws result from legislative action?
A statute is a law passed by a legislature; and statutory law is the body of law resulting from statutes. A statute—or the statutory law—may also be referred to as legislation.
Is the philosophy of law?
Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political communities. The philosophy of law is therefore an integral part of philosophy more generally.