Foundational source of law, both federal and state level
what is the constitution?
Type of law that arises from agreements between parties
Private law
laws deal with wrongs against individuals and usually result in damages or court orders
civil law
type of law provides remedies when traditional legal outcomes are inadequate
equity
This ethical theory by Kant says we should never use others for one-sided gain
categorical imperative
Often referred to as a "bundle of" these.
What are rights
This legal category gives a person the ability to require another to perform or refrain from an action.
What is a civil right?
This type of law outlines the steps to enforce rights and liabilities
procedural law
This view suggests there are higher standards of conduct that should be followed even when they conflict with written laws
natural law
A type of law is created by the legislature at BOTH the federal and state levels
Statutory law
International agreements and directives by the president are also sources of law
treaties and executive orders
example of this law is = uniform residential landlord tenant act
uniform state laws
The legal obligation imposed on a person to act or not act in a certain manner.
What is duty?
Rules created by government agencies
Administrative law
Remedies such as injunctions and specific performance fall under this category
equitable remedies
2 legal concepts can coexist, balancing obligations and expectations.
what are duties and rights?
Theory by Locke and Rawls supports fairness = social contract
contractarian or justice theory
This standard holds that if an act is legal, then it is also moral
positive law
Business ethics seeks to balance the goal of profits with these two things
individual and societal values
Also known as entitlement theory, this theory argues that everyone has certain rights government must protect.
rights theory
These express legal principles for the 1st time in court decisions
case law
This type of law defines rights and liabilities
substantive law
Term defined as "the order or pattern of rules that society establishes to govern conduct and relationships."
What is LAW
These laws address wrongs against society and can result in imprisonment or fines
criminal law
This branch of philosophy deals with values related to human conduct and decision-making
ethics