CH 1: Law and Legal Reasoning Flashcards

1
Q

What is law

A

body of enforceable rules governing the relationships among indv. and btw indv. and their society

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2
Q

regardless of how rules are created they all

A

establish rights, duties, and privledges

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3
Q

ways law affects businesses

A

hiring, firing, safety procedures

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4
Q

YT vs Viacom

A

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

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5
Q

what are the 4 primary sources of law

A

1-US constitution
2-statutory law (laws passed)
3-regulations (created by admin agencies)
4-case law (court decisions)

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6
Q

what is primary source of law

A

source that establishes the law on a particular issue

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7
Q

liability

A

being legally responsible for smth

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8
Q

secondary law

A

source that interprets the primary law

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9
Q

constitutional law

A

body of law derived from the U.S constitution that deals w the principals by which the govt excersies authority

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10
Q

statutory law

A

law created by legislative bodies at the federal, state, and local level (includes local ordinances)

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11
Q

local ordinances

A

laws made by cities/counties to address issues not covered by federal or state laws.

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12
Q

uniform law

A

“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

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13
Q

Uniform commercial code UCC

A

governs commerical transactions for all 50 states

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14
Q

administrative law

A

rules and regulations made by admin agencies

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15
Q

federal law

A

executive agencies
-FDA, dept of human health
-subject to authority of the president

independent regulatory agencies
-FTC, SEC
-president has less authority

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16
Q

state/local agencies

A

regulations made on a state/local level

-usually parallels federal rules

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17
Q

rulemaking

A

imp funct of admin agency to make new regulations or amend old ones but the APA sets strict procedures that agencies must follow when making these rules

18
Q

making rules under APA steps

A

1- notice of the proposed rule making
2-comment period
3- the final rule

19
Q

APA steps definition

A

Notice of the proposed rulemaking- notice must be published in the Federal Register

comment period-must allow ample time for interested parties to comment in writing on the rule which are taken into consideration

the final rule-once final rule is drafted it is published in the federal register

20
Q

interpretive rules

A

rules that r not legally binding but indicate how agency plans to interpret and enforce statutory authority

21
Q

case law

A

laws created by decisions of the court

22
Q

common law

A

body of law developed from judicial decisions in english and us courts

(case law is part of this)

23
Q

stare decisis

A

common law doctrine in whcih judges are obligated to follow the precedents established in prior decisions in their jurisdiction

24
Q

what is jurisdiction

A

geographic area in which courts have the power to apply the law

25
Q

controlling precedent

A

Precedent that MUST be followed within a jurisdiction

25
Q

2 aspects of stare decisis

A

1- court should not overturn precedent without strong reason to do so

2-decisions made by a higher court are binding on lower courts

26
Q

binding authority

A

any source of law a court must follow when deciding a case

27
Q

is there a correct answer to legal question

A

NO

27
Q

what if no precedent?

A

court looks at persuasive authority, legal authority, or source of law for guidance but need not to follow it

28
Q

steps of legal reasoning

A

1-issue- what are the key facts and issues of the case

2-rule- what rule of law applies to this case

3-application-How does the rule of law apply to the particular facts and circumstances of this case?

4-conclusion- what should b the conclusion

29
Q

plaintiff vs defendant

A

plaintiff- the one who initiates the lawsuit

defendant- the one being sued

30
Q

remedy

A

relief given to innocent party to enforce their rights or compensate

31
Q

equity

A

branch of law founded on notions of justice and fair dealing

32
Q

what are the 2 classifications of law

A

substantive and procedural law

33
Q

substantive law

A

laws that define, regulation, and create legal rights

34
Q

procedural law

A

laws that establish the methods of enforcing the rights that are established by substantive law

35
Q

civil law

A

rights and duties that exist btw persons and their govt

-one party sues another party

36
Q

criminal law

A

branch of law that defines and punishes wrongful actions in which society demands redress

37
Q

civil law system

A

based on code of law rather than precedent

38
Q

national vs international law

A

National law-law that pertains to a particular nation

International law-law that governs the relations among nations