Law

The legal system is a set of rules enforced by governmental institutions to regulate human behavior, provides a structure for society, and ensures justice is upheld.

Definition:

  1. Law: A legislative pronouncement of rules to guide one’s actions in society.
  2. Law: The totality of those rules of conduct put in force by legislative authority or court decisions, or established by local custom.

Examples:

  • Statutory Law: Laws created by legislative bodies, such as Congress or Parliament. For example, the Clean Air Act.
  • Case Law: Laws established by the outcomes of former court cases. For example, the United States Supreme Court’s decision in Brown v. Board of Education.
  • Customary Law: Traditional laws derived from established local customs. For example, traditional hunting rights of indigenous tribes.

Frequently Asked Questions:

  1. What is the primary purpose of law?

    • The primary purpose of law is to maintain order, protect individual rights and properties, ensure justice, and provide a framework within which society operates.
  2. What are the sources of law?

    • Sources of law include statutory law, common law (case law), customary law, and administrative regulations.
  3. How is statutory law created?

    • Statutory law is created through the formal legislative process involving debates, voting, and sign-off by an executive authority.
  4. What is the difference between civil law and criminal law?

    • Civil law deals with disputes between individuals or entities, while criminal law involves offenses against the state or public.
  5. Can customary law be overridden by statutory law?

    • Yes, statutory law can override customary law if a legislatively enacted law explicitly contradicts a customary practice.

Related Terms with Definitions:

  • Legislation: The process of enacting laws by the legislature.
  • Regulation: Rules set by government agencies based on statutory law.
  • Judiciary: The system of courts that interprets and applies the law in legal cases.
  • Constitution: A fundamental set of principles or established precedents according to which a state or other organization is governed.
  • Common Law: Law derived from judicial decisions instead of statutes.

Online References:

Suggested Books for Further Studies:

  1. “Introduction to the Study of Law: Cases and Materials” by Christoper Muage, Elizabeth Arow.
  2. “Law 101: Everything You Need to Know About American Law” by Jay M. Feinman.
  3. “Legal Writing in Plain English: A Text with Exercises” by Bryan A. Garner.
  4. “Administrative Law and Process” by Richard J. Pierce Jr.

Fundamentals of Law: Business Law Basics Quiz

### What defines law within a society? - [x] Legislative pronouncement of rules and conduct enforced by governmental institutions. - [ ] The general habits of its population. - [ ] Predominant religious principles. - [ ] Only verbal agreements between its citizens. > **Explanation:** Law is defined by legislative pronouncement and enforcement by authoritative institutions, unlike general habits, religious principles, or non-binding verbal agreements. ### Which type of law is created by legislative bodies? - [x] Statutory Law - [ ] Common Law - [ ] Customary Law - [ ] Administrative Law > **Explanation:** Statutory law is specifically created by legislative bodies such as Congress, distinguishing it from laws established by court decisions or customary practices. ### Which of these involves rules developed from judicial decisions? - [ ] Statutory Law - [x] Common Law - [ ] Customary Law - [ ] Regulatory Law > **Explanation:** Common Law is based on judicial decisions from former cases, contrasting with statutory laws enacted by legislatures and regulatory laws formed by agencies. ### What purpose does criminal law primarily serve? - [x] To address offenses against the state or public. - [ ] To resolve disputes between individuals. - [ ] To establish business guidelines. - [ ] To dictate workplace safety regulations. > **Explanation:** Criminal law primarily targets offenses that impact the state or public, unlike civil law which pertains to individual disputes or regulatory laws for specific areas. ### How can statutory law impact customary law? - [ ] Customary law always takes precedence. - [ ] They function separately without interaction. - [x] Statutory law can override customary law. - [ ] Customary laws amend statutory laws. > **Explanation:** Statutory law can override customary law when legislated rules conflict with established traditional practices, ensuring legislative decisions hold for consistency. ### Where are rules set by government agencies based on statutory law? - [ ] Legislative halls - [ ] Judiciary courts - [x] Regulations - [ ] Public forums > **Explanation:** Regulations are rules set by government agencies deriving authority from statutory laws, differing from laws made in legislatures or interpreted by judiciary courts. ### Which system of laws does a Supreme Court decision belong to? - [ ] Statutory Law - [x] Case Law - [ ] Regulatory Law - [ ] Customary Law > **Explanation:** Supreme Court decisions belong to Case Law, forming part of the reproducible interpretation of legal principles rather than codified statutes or administrative regulations. ### What feature distinguishes civil law from criminal law? - [x] Civil law resolves disputes between individuals. - [ ] Civil law includes offenses against public interest. - [ ] Civil law mandates administrative functions. - [ ] Civil law enacts customary rights universally. > **Explanation:** Civil law specifically handles disputes between individuals or entities, unlike criminal law which involves punishments for offenses against the state or general public. ### What entity is primarily responsible for interpreting and enforcing the law? - [ ] Legislative bodies - [x] Judiciary - [ ] Executive figures - [ ] Media institutions > **Explanation:** The judiciary interprets and enforces the law through courts, distinguishing it from legislative creators, executive enforcers, or non-government institutions like media. ### Where can one find the fundamental principles according to which a state is governed? - [x] Constitution - [ ] Local bylaws - [ ] State decrees - [ ] Customary agreements > **Explanation:** The Constitution contains a state's foundational principles and governmental precedents unlike less authoritative sources like local bylaws, state decrees, or customs.

Thank you for embarking on this journey through our comprehensive law lexicon and tackling our challenging sample exam quiz questions. Keep striving for excellence in your legal knowledge!


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