CH 1 - The Legal Environment

Question 0

SECONDARY SOURCE OF LAW

Answer 0

Summary / Interpretation

Question 1

PRIMARY SOURCE OF LAW

Answer 1

The actual law (The Constitution)

Question 2

CITATION

Answer 2

Reference to a publication in which a legal authority or other source can be found

Question 3

ADMINISTRATIVE AGENCY

Answer 3

Gov. Organization - Specific Function

Question 4

EXAMPLES

Answer 4

FDA = Food + Drugs Admin
FTC = Federal Trade Commission
SEC = Securities + Exchange Commission
FCC = Federal Communications Commission
OSHA = Occupational Safety Health Admin

Question 5

PRECEDENT

Answer 5

Prior court decisions (Identical/ similar facts)

Question 6

STARE DECISIS

Answer 6

To stand on decided cases (judges are obligated to follow the precedents established in prior decisions)

Question 7

BINDING AUTHORITY

Answer 7

Mandatory - Must follow

Same jurisdiction - same facts

Question 8

PERSUASIVE AUTHORITY

Answer 8

Guidance but not need to follow when making decision (Another jurisdiction)

Question 9

JURISPRUDENCE

Answer 9

Science or philosophy of law

Question 10

NATURAL LAW

Answer 10

Universal principles inherent in human nature

Question 11

LEGAL POSITIVISM

Answer 11

Gov. legislative law is the best

Question 12

HISTORICAL SCHOOL

Answer 12

Evolutionary process, evolutionary growth

Question 13

LEGAL REALISM

Answer 13

Tool of social justice