Law

In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a conclusion of law.

In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Justice will only answer questions of law asked by judges of national courts if they are uncertain about the interpretation of the law of multilateral organizations.

In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see Coroner § Inquest conclusions (previously called verdicts)).

In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.

Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the opinion of an appellate court (setting forth reasons for the disposition of an appeal) and the judgment of an appellate court (the pronouncement of the disposition itself).

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case.

Common law is deeply rooted in the principle of stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.

Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample of the population that is given the time and resources to focus on one issue.

It often adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional democratic theory in that authentic deliberation, not mere voting, is regarded as the primary source of legitimacy for the law. Deliberative democracy is related to consultative democracy, in which public consultation with citizens is central to democratic processes. The distance between deliberative democracy and concepts like representative democracy or direct democracy is debated. While some practitioners and theorists use deliberative democracy to describe elected bodies whose members propose and enact legislation, Hélène Landemore and others increasingly use deliberative democracy to refer to decision-making by randomly-selected lay citizens with equal power.

In the social sciences, social structure is the aggregate of patterned social arrangements in society that are both emergent from and determinant of the actions of individuals. Likewise, society is believed to be grouped into structurally related groups or sets of roles, with different functions, meanings, or purposes. Examples of social structure include family, religion, law, economy, and class. It contrasts with "social system", which refers to the parent structure in which these various structures are embedded. Thus, social structures significantly influence larger systems, such as economic systems, legal systems, political systems, cultural systems, etc. Social structure can also be said to be the framework upon which a society is established. It determines the norms and patterns of relations between the various institutions of the society.

Since the 1920s, the term has been in general use in social science, especially as a variable whose sub-components needed to be distinguished in relationship to other sociological variables, as well as in academic literature, as result of the rising influence of structuralism. The concept of "social stratification", for instance, uses the idea of social structure to explain that most societies are separated into different strata (levels), guided (if only partially) by the underlying structures in the social system. There are three conditions for a social class to be steady, that of class cohesiveness, the self-consciousness of classes, and the self-awareness of one's own class. It is also important in the modern study of organizations, as an organization's structure may determine its flexibility, capacity to change, and success. In this sense, structure is an important issue for management.

A social norm is a shared standard of acceptable behavior by a group. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", "attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances.

Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ought to do). The effects of norms can be determined by a logic of appropriateness and logic of consequences; the former entails that actors follow norms because it is socially appropriate, and the latter entails that actors follow norms because of cost-benefit calculations. Others see social norms emerging as part of an evolutionarily stable strategy, where they stabilize through third-party punishment.

Empirical evidence is evidence obtained through sense experience or experimental procedure. It is of central importance to the sciences and plays a role in various other fields, like epistemology and law.

There is no general agreement on how the terms evidence and empirical are to be defined. Often different fields work with quite different conceptions. In epistemology, evidence is what justifies beliefs or what determines whether holding a certain belief is rational. This is only possible if the evidence is possessed by the person, which has prompted various epistemologists to conceive evidence as private mental states like experiences or other beliefs. In philosophy of science, on the other hand, evidence is understood as that which confirms or disconfirms scientific hypotheses and arbitrates between competing theories. For this role, evidence must be public and uncontroversial, like observable physical objects or events and unlike private mental states, so that evidence may foster scientific consensus. The term empirical comes from Greek ἐμπειρία empeiría, i.e. 'experience'. In this context, it is usually understood as what is observable, in contrast to unobservable or theoretical objects. It is generally accepted that unaided perception constitutes observation, but it is disputed to what extent objects accessible only to aided perception, like bacteria seen through a microscope or positrons detected in a cloud chamber, should be regarded as observable.

A medieval university was a corporation organized during the Middle Ages for the purposes of higher education. The first Western European institutions generally considered to be universities were established in present-day Italy, including the Kingdoms of Sicily and Naples, and the Kingdoms of England, France, Spain, Portugal, and Scotland between the 11th and 15th centuries for the study of the arts and the higher disciplines of theology, law, and medicine. These universities evolved from much older Christian cathedral schools and monastic schools, and it is difficult to define the exact date when they became true universities, though the lists of studia generalia for higher education in Europe held by the Vatican are a useful guide.

The word universitas originally applied only to the scholastic guilds—that is, the corporation of students and masters—within the studium, and it was always modified, as universitas magistrorum, universitas scholarium, or universitas magistrorum et scholarium. Eventually, probably in the late 14th century, the term began to appear by itself to exclusively mean a self-regulating community of teachers and scholars recognized and sanctioned by civil or ecclesiastical authority.