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Intro to Law Ch. 1

Across
The ___ of law include: Providing order and predictability in society; Resolving disputes peacefully; Protecting individuals and property; Providing for the general welfare; Protecting individual liberties.
The form of law that is the fundamental law. It sets forth the structure and powers of government as well as the rights of citizens vis-à-vis that government.
In expressing his views on the necessity of civil disobedience to change unjust laws, Dr. __ wrote, "One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law."
Principles of human conduct believed to be ordained by God or nature, existing prior to and superseding human law, are known as "___ law."
The form of law that is a decision by a court of law enunciating a principle of law.
___ was established in 1295 in England and became integral to the establishment of law by adopting statutes that revised and supplemented the common law. In the late 1300’s, it divided into two chambers: House of Lords and House of Commons.
The form of law that is a law enacted by a legislature, that is generally applicable within the jurisdiction of that legislature.
The doctrine of following precedent is known as ___, which means “to stand by that which is decided.” This principle is an important component of both the English and American legal systems.
The English common law traces its roots back to ___ the Conqueror, the first Norman king of England, who established common courts around 1066 by expanding and strengthening the royal courts established by his Anglo-Saxon predecessors.
An ___ system of justice, in contrast to the inquisitorial style of trial under the Roman Law tradition, is a system of administering justice in which opposing parties contend with one another to achieve a favorable outcome. This system is a principal feature of the Anglo-American legal tradition. It assumes that truth and justice are most likely to emerge from the clash of opposing factual and legal claims, and the role of the judge is one of neutral referee.
The ___ known written legal code, the Code of Hammurabi, was developed in Babylonia around 2000 B.C.
Under early English common law, courts of __ were established to provide remedies (other than monetary damages available in courts of law) based on principles of fairness, including injunctions (court order to do or to stop doing something), and specific performance (of contracts).
Down
The form of law that is a law enacted by a local governing body such as a city council or a county commission. They deal principally with matters of local concern.
The form of law that is a rule promulgated by a regulatory agency.
Affirming the supremacy of natural law over positive law, Henry David Thoreau wrote in his 1849 essay "Civil ___" that “…when a sixth of the population of a nation, which has undertaken to be the refuge of liberty, are slaves, and a whole country [Mexico] is unjustly overrun and conquered by a foreign army, and subjected to military law, I think that it is not too soon for honest men to rebel and revolutionize.”
In order for a law to be perceived as ___, it must apply with equal force to everyone and it must be perceived as rational, fair, and just.
One of the keys to the success of the common law was the emergence of the institution of the ___ as a means of resolving both civil and criminal cases. This institution was widely considered an improvement over its predecessors: trial by combat, trial by ordeal, trial by compurgation.
“___ law” is not a body of rules that can be enforced, but rather a philosophical concept, “the idea that there is a set of principles of morality and justice that transcends the positive law.”
A __ is an earlier court decision that applies to govern or guide a subsequent court in its determination of an identical or similar issue based on identical or similar facts.
A predecessor to the US Constitution, the ___, or “Great Charter” was written in 1215 and a result of the people’s demands on King John to grant rights to English subjects, and for the crown to follow the law in its treatment of its subjects.
The form of law that is an order issued by a president, governor, county executive, or mayor relating to matters over which the executive official has authority.
The two types of legitimacy of law are 1) ___ legitimacy, that the content of the law is based in fair, just and reasonable principles; and 2) procedural legitimacy, or that the law is enacted and applied according to procedures that people regard as fair, just, and reasonable.
A fundamental principle of American Constitutionalism is the primacy of the "___ of law", the idea that government and society can be ruled by law, that government is subordinate to law, and that no one is above the law.
The __ of Confederation of 1777, a predecessor to the US Constitution, was a loose agreement between the sovereign states. It provided for no executive (president), no court system--but it did create a weak Congress with no power to tax nor to regulate interstate commerce.
The form of law that is a legally binding agreement between countries.
An example of the belief of our nation’s founders that our laws must be rooted in a "higher law" is this statement in the Declaration of Independence (1776): “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable ___, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”
___ is a set of rules promulgated and enforced by government.