BSEN 395 Study Guide - Midterm Guide: Ultra Vires, Precedent, Substantive Law

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Document Summary

2 major sources of law: common law and statute law. Common law ( case law ) the law as found in the recorded judgements of the courts. Statute law a law passed by a properly constituted legislative body. Common law and statute law can be classified into two general categories: substantive and procedural law. Substantive law an individual right enforceable at law (includes all laws that set out the rights and duties of individuals). Procedure law this area of law includes all laws that set out the procedures by which individuals may enforce their substantive law rights and duties. Ultra virus - beyond one"s legal power or authority. If a government tries to pass a law outside its powers, the courts will declare it ultra vires: role of law- principal role of law in a society is social control. Three functions: setting disputes, establishing rules of conduct, and providing protection for individuals: hierarchy (levels) of court: