A Chapter 1 Flashcards
Law
A body and system of:
enforceable rules regulations codes decisions traditions
Which govern the relationships among and between
Individuals
Organizations
And other entities and their society
US law is primarily based on
Primary and secondary sources of law
Primary sources of law
Documents establishing he law on an issue:
Constitution
Statute
Administrative Rule
Court Decision
Secondary sources of law
Publications summarizing or interpreting the law
Law Encyclopedia
Legal Treatise
Law Review Article
What is the Constitution?
Sets forth fundamental rights of those living in a given country or state, describing the empowering of various branches of government and establishing limits on those powers
What are Statutes and Ordinances
Enacted by the legislature and set by each state or entity as it sees fit
What are the Administrative rules and regulations
Rules set by federal, state, and local regulatory agencies.
Abbreviation and purpose of FDA
Food and Drug Administration
Food and drug safety use
Abbreviation and purpose of SEC
Lmfao like for real bro?
Abbreviation and purpose of FCC
Lolol Ajit Pai is my hero.
Federal Communications Commission
Broadcast and communication activities
Abbreviation and purpose of SSA
Social Security and other benefits
What is Common Law
Evolving tradition based on past court decisions and relationships between people and entities not covered by any of the above
TLDR: Tradition
Stare Decisis
The doctrine (a belief or set of beliefs held and taught by a church, political party, or any other group) that judges should follow established precedent within a particular jurisdiction.
The idea is to respect previous laws and enable a controlled evolution and application of the law to present and changing times.
TLDR: Respect the pass
Precedent
Authority given to previous judicial decisions by judges subsequent (means after) and current disputes involving the same or similar facts and jurisdiction law
Binding Precedent
Must be followed. Such as:
Constitutional Provisions Statues Treaties Regulations Ordinances Previous Court Decisions (in the same state also have binding precedent)
TLDR: Must Respect
Persuasive Precedent
It may be followed or used as guidance in making a decision. This includes primary and secondary sources of law and other state case laws.
TLDR: Acknowledge
What is the Law
Law is based on enforcing regulations, punishments, and remedies designed to provide valuable compensation, often money, to wronged parties.
What is Equity
Equity is based on empowering non-monetary (2nd word means money/currency) relief with fairness as the goal. A court would order that something is done or not done.
TLDR: Legal Fairness
What is Remedy
A remedy is the means given to a party to enforce a right or compensate for another’s violation of a right
TLDR: Solution to a problem
Jurisprudence
The science and study of the law on how it is created and applied.
TLDR: The signs of law
Natural Law Theory
A legitimate system of universal moral and ethical principles inherent in human nature that can be discovered by using one’s natural intelligence.
E.g. murdering is a big no-no. LMFAO.
TLDR: Doesn’t care about reason, common shit you should know.
Legal Positivism
There is no higher law than that created by legitimate governments and those laws must be obeyed, even if one personally feels that they appear unjust or are at odds with natural law.
The issue here is that we all know legislatures and politicians are moral geniuses free of error, right?
TLDR: Law from Politicians
Historical School
Law is an evolutionary process which adapts and grows through the test of time. While good at many levels, the question is how do you prevent this from allowing people to do whatever they want now and argue that it is “progress”?
TLDR: It’s an evolutionary process. Law changes with society
Legal Realism
Law cannot be applied in the abstract but must be decided in the context of the particular social and economic circumstances at the present time. This view holds that one must consider the surrounding environment before deciding on the legality of something. ( man steals an apple to feed his starving kid vs. to throw at a cop). Some argue this is a bit subjective and blurred thus open to corruption etc.
TLDR: Tell us why you stole the apple
Sociological School
Law should be used as a tool for social change and justice (end slavery, give women the vote etc) Only problem is who defines social justice and how far do we go on this?
Substantive Law
Law about content; define, describe, regulate and create legal rights and duties
Procedural Law
Process; establish and regulate the way rights are enforced by substantive law
Civil Law
Defines and enforces the duties or obligations of persons or parties to one another.
Criminal Law
Defines and enforces the obligations of persons to society as a whole.
Cyber Law
The growing body of law which deals specifically with the issues raised by internet transactions.
Common Law
Law is developed through case law decisions. USA and brit
Civil Law
Law is developed through statutory, or codified law. Prior judicial decisions are not binding. Mexico and French Fry
Judgment
The court’s disposition of an action.
Opinion
The court’s reasons for its judgment.
Unanimous Opinion
An opinion joined by all of the judges who heard a case.
Per Curiam Opinion
A unanimous opinion that does not indicate which judge wrote it.
Majority Opinion
An opinion joined by the majority (but not all) of the judges who heard a case.
Plurality Opinion
An opinion joined by the largest number (but less than a majority) of the judges who heard a case.
Concurring Opinion
An opinion by one or more judges who agree with the majority’s judgment, but not necessarily with its reasoning.
Dissenting Opinion
An opinion by one or more judges who disagree with the judgment of the majority.
Citation
Legal address, crediting or referring to
Facts
What Happened
Issue
Relevant legal concept involved
Decision
What did the court decide
Reason
Why the court decided that way
