Key Terms
Rule of Law
System where laws are public, clear in meaning, and apply equally to everyone.
Primary goals
Governance of conflict and attainment of peace among the governed.
Origin
Europe; based on Roman and Napoleonic law. Also called "code systems."
Precedent
A judicial opinion considered legal authority for future cases involving the same or similar questions of law.
Used by
France, Germany, Spain, Portugal, Holland, and many of their former colonies across Europe, Central and South America, A
Communist/Socialist legal systems
Have a code but most property is owned by the government or agricultural cooperatives; the judiciary is subservient to t
Most widely used
Islamic legal system (Sharia), with Islamic jurisprudence (Fiqh).
Key problem
Rulers are seen as "above the law" — laws do not apply equally to ruler and subjects.
Social norms
Informal rules governing group behavior; no legal penalties for violation.
Laws
Formal rules enforceable by penalties. Violating them carries civil liability, fines, or loss of liberty.
Public Law
Law created by legitimate authority that applies to everyone within its jurisdiction. In the US, even the lawmaking auth
Private Law
Law that is binding only on specific parties.
Procedural Law
Describes the legal process and rules that must be followed. Covers how the case is handled.
Substantive Law
The actual substance of the law — the merits of the claim. Defines legal rights and duties.
Bill of Rights
The first ten amendments to the US Constitution; protects individual civil rights and liberties from governmental interf