Ch. 1 Intro. to Law

Question 0

Uniform Commercial Code (UCC)

Answer 0

a set of uniform laws that all states can follow instead of their own independent & varying state statutes

–prepared under sponsorship of NCCUSL (National Conference of Commissioners on Uniform State Laws) and the ALI

Question 1

Legislative/ Statutory Law Purpose

Answer 1

to make dramatic, sweeping, & rapid changes in the law

Question 2

Treaty

Answer 2

an agreement between independent nations

–Must be signed by the President and approved (2/3 vote) by the Senate

Question 3

Rescission

Answer 3

allowed a party to invalidate a contract under certain circumstances

(in courts of equity)

Question 4

Executive Orders

Answer 4

the U.S. President (& the governors of most states) has the authority to issue laws

Question 5

Decree of Specific Performance

Answer 5

commands the defendant seller to perform his part of the contract by transferring title to the land

(in courts of equity)

Question 6

Injunction

Answer 6

a court order requiring a party to do or not do a specific act

(in courts of equity)

Question 7

Maxims

Answer 7

general legal principles formulated by equity courts over the years

Question 8

Equity System

Answer 8

The chancellor of England decided cases on “equity and good conscience” and provided relief where common law judges refused to act or where the remedy at law was inadequate.

• Chancellor could issue a DECREE
—No comply = punishment by fine or imprisonment

Question 9

Inquisitorial System

Answer 9

The judiciary initiated litigation, investigated pertinent facts, and conducts the presentation of evidence.

Question 10

Civil Law System

Answer 10

Depends on codes & an inquisitorial

Question 11

Adversary System

Answer 11

The parties, not the court, must initiate and conduct litigation.

Question 12

Stare Decisis

Answer 12

Under common law, courts adhere to and rely on rules of law that they (or superior courts) relied on and applied in prior decisions.

–allows for flexibility for common law to change

Question 13

Judicial Review

Answer 13

U.S. Supreme Court determines constitutionality of ALL laws.

Question 14

Constitution

Answer 14

the fundamental law of a particular level of government; establishes governmental structure and allocates powers

Question 15

Private Law

Answer 15

substantive law governing individuals & legal entities; business law is primarily private

BRANCHES:

1. ) Torts
2. ) Contracts
3. ) Sales
4. ) Commercial
5. ) Partnerships
6. ) Corporations
7. ) Property

ALSO: Civil Law

Question 16

Criminal Law

Answer 16

public law that establishes duties; violation is a wrong against society

Question 17

Common Law System

Answer 17

Relies on the judiciary and the adversary system

Question 19

Administrative Law

Answer 19

public law that is created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers & duties of those agencies.

• Ex: public health, safety, welfare, etc.

Question 19

Reformation

Answer 19

upon the ground of mutual mistake, the language of the written agreement could be changed to conform to the actual in intention of the contracting parties.

(in courts of equity)

Question 20

Requisites of a Good Legal System

Answer 20

1. ) Relatively Certain
2. ) Relatively Flexible
3. ) Known or Knowledgable
4. ) Apparently Reasonable

Question 21

Public Law

Answer 21

substantive law that deals with government’s rights & powers and government-individual relationship

TYPES:

1. ) Constitutional Law
2. ) Criminal Law
3. ) Administrative Law

Question 21

Function of Law & 3 Types

Answer 21

FUNCTION: to maintain stability in the social, political, & economic system while simultaneously permitting change

TYPES:

1. ) Dispute Resolution
2. ) Protect Property
3. ) Preservation of the State

Question 22

Civil Law

Answer 22

private law that defines duties; violation is a wrong against the party injured

Question 23

Justice

Answer 23

fair, equitable, & impartial treatment of competing interests & desires, with due regard for the common good

Question 24

Procedural Law

Answer 24

steps to enforce rights

Question 25

Substantive Law

Answer 25

creates, defines, and regulates legal rights & duties

Question 26

Precedent

Answer 26

the practice of deciding new cases by referencing former decisions

Question 27

Common Law

Answer 27

Known as case law or judge-made law and can be distinguished from civil law

Question 28

Law

Answer 28

rules of conduct that are enforced by the government

• government-individual
• company-individual
• etc.

Question 29

Decree

Answer 29

Order compelling a defendant to do or not do a specific act