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Sunday, January 5, 2014

Legal Theory

Legal Theory -Concepts of virtue: * Natural Law: what is objurgate field * Positivism: a command * Historical: custom and mores * sociological Jurisprudence: prediction and planning civilised| shepherds crook| civilised court| guilty court| Individual| separate| dupe| Felon| Compensate| Punish| Preponderance of the render | beyond a reasonable doubt| -Stages: * Primitive = quietness memory * Feudal = status quo (keep things the same) * Industrial Revolution = maximise self interest * Post Depression = social prejudice -Functions: * Resolve disputes, go for standards of conduct, Maintain status quo, Peace keeping, promote social unspoiledice, drive orderly change, Facilitate planning, Promote saving -Classifications: * Public v. snobbish: * Public practice of right governs the individual, citizen, or corporation, and the arouse, while surreptitious law of nature applies to individuals * Public law deals with a greater scope, while toffee-nosed law deals with a more specific scope * Public law deals more with issues that view the general public or the state itself, whereas, private law focuses more on issues affecting private individuals, or corporations * essential v.
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Procedural: * Substantive: Structure-deals w/ the social structure and facts of the mooringEnforcement-defines the rights and duties of citizensApplication-cannot be applied in non statutory contexts self-governing powers to conciliate fate of wooing * Procedural: Structure-elaborates on the travel which t! he case passes throughEnforcement-creates the machinery for the enforcement of lawApplication-can be applied in non legal contextsno independent powers * Governmental Branch * jurisdictional: discover over you by the government (ex. Breach of contract) * Civil v. Criminal: * When talking about civil all we pauperism is 50% or better votes. We arent trying to visit anyone, just beyond reasonable doubtCOST$$ -Sources of Law: *...If you destiny to get a full essay, order it on our website: OrderCustomPaper.com

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