1-4 Legal System Flashcards
- those rules of civil conduct commanding what is right and prohibiting what is wrong
- a rule of action prescribed by an authority able to ENFORCE its will
- governmental rule prescribing conduct and carrying a PENALTY for violation
Law
Sum of money a wrongdoer must pay to an injured party
Damages
Those rules of conduct prescribed by government and its agencies in regulating business transaction
Business law
- CUSTOMS which have become recognized by the courts as binding on the community
- non-legislated principles and rules of action predicated upon usages and CUSTOMS
Common law
- CUSTOMS which have become recognized by the courts as binding on the community
- non-legislated principles and rules of action predicated upon usages and CUSTOMS
Common law
- justice system based on FAIRNESS
- provides relief other than merely money damages
Equity
Power to issue CEASE AND DESIST orders
Injunctive powers
Court’s temporary order forbidding an action
Restraining order
- a PERMANENT judicial order or decree forbidding the performance of a certain act
- court’s permanent order forbidding a specific action
Injunction
- any fundamental or important law or edict
- document that contains fundamental principles of a government
Constitution
First 10 amendments of the US Constitution, enacted by the first Congress to protect the civil rights and liberties of citizens and states
Bill of Rights
Law enacted by legislative bodies
Statute
Law enacted by cities
Ordinance
COLLECTION of laws, rules, or regulations
Code
APPELLATE court decisions that ESTABLISH precedented principles
Case law
DECISION of a court which is thereafter followed as an example in subsequent, similar cases
Precedent
PRINCIPLE that the decision of a higher court (should serve as a guide or precedent and) control the decision of a similar case in the future
Stare decisis
Law created by LEGISLATIVE BODIES in contrast to law generated by judicial opinions (case law) and administrative bodies (administrative law)
Statutory law
Law enacted by a local municipal governing body (e.g. zoning, building, safety, etc)
Municipal ordinances
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of BUILDINGS
Building code
Laws passed by a municipality by virtue of its police power which regulates and prescribes the kind of buildings, residences, or businesses that shall by built and used in difference parts of the municipality
Zoning ordinance
That body of law created by federal and state administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions
Administrative Law
- a governmental body created by legislation empowered to regulate an industry and issue rules and regulations
- governmental board or commission with authority to regulate matters or implement laws
Administrative agency
Enactments by an administrative body WITHIN the jurisdiction of that agency
Rules and regulations