Ch. 1 Intro. to Law Flashcards
Uniform Commercial Code (UCC)
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
Legislative/ Statutory Law Purpose
to make dramatic, sweeping, & rapid changes in the law
Treaty
an agreement between independent nations
–Must be signed by the President and approved (2/3 vote) by the Senate
Rescission
allowed a party to invalidate a contract under certain circumstances
(in courts of equity)
Executive Orders
the U.S. President (& the governors of most states) has the authority to issue laws
Decree of Specific Performance
commands the defendant seller to perform his part of the contract by transferring title to the land
(in courts of equity)
Injunction
a court order requiring a party to do or not do a specific act
(in courts of equity)
Maxims
general legal principles formulated by equity courts over the years
Equity System
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
Inquisitorial System
The judiciary initiated litigation, investigated pertinent facts, and conducts the presentation of evidence.
Civil Law System
Depends on codes & an inquisitorial
Adversary System
The parties, not the court, must initiate and conduct litigation.
Stare Decisis
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
Judicial Review
U.S. Supreme Court determines constitutionality of ALL laws.
Constitution
the fundamental law of a particular level of government; establishes governmental structure and allocates powers
Private Law
substantive law governing individuals & legal entities; business law is primarily private
BRANCHES:
- ) Torts
- ) Contracts
- ) Sales
- ) Commercial
- ) Partnerships
- ) Corporations
- ) Property
ALSO: Civil Law
Criminal Law
public law that establishes duties; violation is a wrong against society
Common Law System
Relies on the judiciary and the adversary system
Administrative Law
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.
Reformation
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)
Requisites of a Good Legal System
- ) Relatively Certain
- ) Relatively Flexible
- ) Known or Knowledgable
- ) Apparently Reasonable
Public Law
substantive law that deals with government’s rights & powers and government-individual relationship
TYPES:
- ) Constitutional Law
- ) Criminal Law
- ) Administrative Law
Function of Law & 3 Types
FUNCTION: to maintain stability in the social, political, & economic system while simultaneously permitting change
TYPES:
- ) Dispute Resolution
- ) Protect Property
- ) Preservation of the State
Civil Law
private law that defines duties; violation is a wrong against the party injured
Justice
fair, equitable, & impartial treatment of competing interests & desires, with due regard for the common good
Procedural Law
steps to enforce rights
Substantive Law
creates, defines, and regulates legal rights & duties
Precedent
the practice of deciding new cases by referencing former decisions
Common Law
Known as case law or judge-made law and can be distinguished from civil law
Law
rules of conduct that are enforced by the government
- government-individual
- company-individual
- etc.
Decree
Order compelling a defendant to do or not do a specific act
