Discuss the definition of the law

Assignment Help Business Law and Ethics
Reference no: EM131532457

Please write one and half pages answer the following question about Politics in USA

1. Discuss the Following aspects of the foundations of law and the court system:                      

A. the definition of the law.   

B. law and justice: why they do not necessarily equate.    

C. Judicial self-restraint and judicial activism.  

D. courts and the law - the three concentric circles: core institutions, gatekeepers, users.

Use the outline below to help you having good ideas

- Foundations of the Law and the Court System:      

1. Definition of the law: Body of rules; enacted by public officials; in a legitimate manner; backed by the force of government.

2. Law and justice: why they do not necessarily equate: There is no one precise definition of the term justice.  Also, justice is a general phrase used to define political, economic, social, and moral goals and values.

3. Definition of Jurisprudence: It is the legal philosophy and the approach we take to the law.  Two basic theories of jurisprudence: Judicial self-restraint: judges should interpret the law of the constitution according to intent of the framers and the words they actually used; and judicialactivism: judges should interpret the constitution to reflect current political, social, and economic conditions and values.

4. A related view of judicial self-restraint can be viewed as the "internal theory of the law" and a related view of judicial activism can be viewed as "social theory of the law".  (a) The internal theory of the law suggests that the law is a closed body of rules that are certain and free from the subjective view of judges.  Legal decision making is mechanical.

(b) The social theory of the law suggests that law is a social institution designed to reflect the political, social, economic environment and satisfy the needs of society.

5. Categories of the law: Some type of law has always existed. These laws have had a variety of structures, organization and enforcement mechanism.  A first category - Positive Law:  People made and intended for governing and ruling human conduct.  Historical development of Positive Law:  primitive law, archaic law and mature, modern law.

A second category - Natural Law:  A higher type of law derived from God and the "Nature" through which God guides the world.  Binding on all human society and illustrated by the natural rights theorists concept of life, liberty, and property.  These natural rights are superior to any people made law that attempts to restrict these rights.  Today associated with protection of life, political and personal freedom, and economic opportunity.

6. Courts and the legal system:  Courts are part of a broader legal system that involves several government institutions and different actors in this complex legal process.   This legal system can be best explained in terms of three concentric circles: a. Center core institutions (law and courts).  b. Middle ring of gatekeepers (lawyers, interest groups, police/law enforcement). c. Outer ring of users (those who initiate lawsuits, defendants, those who participate in the operations of the court and legal system).

7. Legal concepts and definitions: Common Law,  Equity, Statutory law,  Private law, public law, administrative law, constitutional law,  civil law, and criminal law.

Reference no: EM131532457

Questions Cloud

How the constitution protects individual and group rights : Discuss how the Constitution protects individual and group rights. Provide an example of checks and balances in action within our government.
What will cash flows for this project be : The firm’s marginal tax rate is 34 percent. What will the cash flows for this project be?
Define judicial activism and judicial restraint : Define judicial review. Define judicial activism and judicial restraint. Provide one recent example of judicial review by the Supreme Court.
Identify and analyze the behavior of the offender : Identify and analyze the behavior of the offender(s) relative to the psychological history and evaluation of the offender(s)
Discuss the definition of the law : Discuss the Following aspects of the foundations of law and the court system: the definition of the law
Discuss the convolution : Show by drawing pictures like Fig. that if x(t) = 0 for t 1 and h(t) = 0 for t 2 then the output y(t) = x(t)* h(t) is zero for 1 + T2.
Describe one pillar of the american government : In your initial post of at least 250 words, briefly describe one pillar of the American government, how it interacts with the other three pillars.
Discuss the relationship of ethics and professional behavior : Write a 1,400- to 1,600-word paper in which you analyze the relationship between ethics and professional behavior in the administration of criminal justice
Compare voter turnout in the us with that in other countries : Compare voter turnout in the U.S. with that in other countries. Describe the factors that affect the level of voter turnout in the United States.

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Legal environment of business caselet

The assignment in Law deals with the topic "Legal Environment of Business". A case study about Mary, a newly joined employee who is working in the USA and Europe. She faces few issues at her work place in Europe and tries to talk to her manager who s..

  Business ethics & legal issues caselet

This assignment is about the concept of Business Ethics & Legal Issues. The laws relating to these can be found in Antitrust laws. These laws are concerned with those large corporations which have a majority of market share, mergers and acquisitions.

  Questions on business law and ethics

Examples of securities that are exempted from the registration provisions of the 1933 Act and involving misstatement of material facts in a prospectus.

  Discuss the doctrine of ratification of pre-incorporation

With the aid of a decided cases, discuss the doctrine of ratification of pre-incorporation contract.

  Discuss the extent of phoenixing activity

It has been estimated that about 6,000 phoenix companies operate in Australia, costing government and the community hundreds of millions of dollars per year and impacting on individuals.

  Application of law to facts

Company Law, Application of Law to Facts and Conclusion.

  Question on business law and ethics

This assignment related to business law.

  Questions on business law

Answer all the questions under business law.

  Iidentify the issue raised by the facts

Iidentify the issue(s) raised by the facts, identify the relevant legal principles, apply the relevant legal principles to the facts, reach a conclusion.

  Evaluation of software development

Prepare a report and present an evaluation of the subsequent methodologies for software development in terms of cost, resources and time.

  Business value and ethics

Business value and ethics,  Bart agrees to put Sam's Super Bowl champion-ship autographed football in his sports store to sell for $1,500. Sam agrees to pay Bart a 15% commission for selling the ball. If Joe comes in the sports store and offers Bart ..

  Explain what is meant by income by ordinary concepts

Advise what tax consequences arise in respect of the payments.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd