HESA 6361- Final Exam Guide - Comprehensive Notes for the exam ( 26 pages long!)
Document Summary
When you have a right, you have a corresponding duty: right to life, duty for someone to not hurt you. 4 functions of law: social control, settlement, rules to bring order and minimize conflict, protection of o(cid:374)e"s self, possessio(cid:374)s, ideas. Historically, the law is derived from customary law: merchant law/cannon law (prior to codification, roman law (modern equivalent = criminal code, common law, equity. 2 modern systems of law: civil law, the civil law system (codified law, law that regulates disputes between private parties, common law, case law (derived from judicial decisions) Influence of the french civil code system: codified set of rules, not being covered in any detail in this course** Modern sources of law: equity, statute, constitutional, administrative (part equity part statute, non-judicial entity. Stare decisis (cid:862)to let a decision stand(cid:863) applies if: from the judges own court, from a court of equal rank, from a court of higher rank.