Key Terms
Law
Violation carries penalties — civil liability, fines, or loss of liberty. Conforming to social customs is optional.
Two core questions law seeks to answer
1. Who is responsible, and what is their liability?
Rule of Law
A system in which laws are public knowledge, clear in meaning, and apply equally to everyone.
Greatest benefit of Rule of Law
People understand what is expected of them.
Origin
Europe; based on Roman and Napoleonic law.
Precedent
A judicial opinion considered legal authority for future cases involving the same or similar questions of law. Appellate
Three defining characteristics
1. All legal rules are in comprehensive codes 2.
Business value of precedent
Reduces cost of doing business. A business can review past court decisions on similar contract terms and assess its risk
Where common law applies
England, United States, and former British colonies.
Also called
Code systems. All legal rules are contained in one or more comprehensive legislative enactments (codes).
Historical root
Napoleon commissioned a comprehensive code for all of France covering criminal law and procedure, non-criminal law and p
Where civil law applies
Europe, Central and South America, Asia, Africa. France, Germany, Holland, Spain, and Portugal spread civil law through
Core problem
The ruler is often seen as "above the law" because laws do not apply equally to ruler and subjects.
Trend
Customary systems are becoming increasingly less common. Most remaining monarchies have evolved into hybrid systems or a
Social norms
Informal rules governing behavior in groups and societies. Violation = social or professional consequences.