CH 1: Law and Legal Reasoning Flashcards
What is law
body of enforceable rules governing the relationships among indv. and btw indv. and their society
regardless of how rules are created they all
establish rights, duties, and privledges
ways law affects businesses
hiring, firing, safety procedures
YT vs Viacom
Viacom sued yt (infringement lawsuit) bc they were not taking the steps to remove viacom content off of yt when they were required by law after viacom asked
what are the 4 primary sources of law
1-US constitution
2-statutory law (laws passed)
3-regulations (created by admin agencies)
4-case law (court decisions)
what is primary source of law
source that establishes the law on a particular issue
liability
being legally responsible for smth
secondary law
source that interprets the primary law
constitutional law
body of law derived from the U.S constitution that deals w the principals by which the govt excersies authority
statutory law
law created by legislative bodies at the federal, state, and local level (includes local ordinances)
local ordinances
laws made by cities/counties to address issues not covered by federal or state laws.
uniform law
“model laws” that states have the option to adopt to become a law for that state.
Also have the option to modify and rewrite them
Uniform commercial code UCC
governs commerical transactions for all 50 states
administrative law
rules and regulations made by admin agencies
federal law
executive agencies
-FDA, dept of human health
-subject to authority of the president
independent regulatory agencies
-FTC, SEC
-president has less authority
state/local agencies
regulations made on a state/local level
-usually parallels federal rules