Chapter 1 Flashcards
Law
enforceable rules governing relationships among individuals and between individuals and their society.
15 Sources of Law
Federal- Constitution, Statutes, Case Law, Regulations
State- Constitution, Civil Code,Statutes, Case Law, Regulations
Both- Scholars, Private Parties, Custom/Trade Usage
5 Boxes
Right of Action, Cause of Action, Subject Matter Jurisdiction, Personal Jurisdiction, Venue
Primary Sources of Law
Constitutional (US)– supreme law of the land, establishing the framework for the federal govt and guarantees fundamental rights to citizens.
Statutory (Admin Law) – law enacted by legislative bodies, such as Congress or state legislatures.
Regulatory – administrative agencies, i.e. FTC
Common Law/Case Law doctrines
Natural Law vs Positive Law
Natural – oldest school of legal thought, based on the belief that the legal system should reflect universal (higher) moral/ethical principles that are inherent in human nature.
Positive – “national law”, the written law of a given society at a particular time. In contrast of natural law, it only applies to the citizen of that nation/society.
Legal Positivism
assumption that there is no law higher than the laws created by a national government. Laws must by obeyed, even if they are unjust, to prevent anarchy.
Historical School
legal thought that emphasizes evolutionary process of law by concentrating on the origin and history of legal system.
Legal Realism
based on the idea that law is just one of many institutions in society and that is shaped by social forces/needs.
Administrative Agency
federal/state agency created by the legislature to perform a specific function – make/enforce rules pertaining to the environment.
Administrative Law
body of law created by admin agencies in order to carry our their duties and responsibilities.
Alleges
to state, recite, asset or charge
Appellant / Appelle
Appellant – the party who makes an appeal from one court to another.
Appellee – the party against whom an appeal is taken, that is the party who opposes setting aside or reversing the judgment.
Binding authority
any source of law that a court must follow when deciding a case.
Breaches
violate a law, by an act or omission or to break a legal obligation that one owes to another person/society.
Case Law
rules of law announced in court decisions. It interprets statutes, regulation, constitutional provisions and another case law.
Case on point
Cases on point – previous case involving factual circumstances and issues that are similar to those in the case before the court.
Citation
reference to a publication in a legal authority (statute or court decision) or another source can be found
Civil Law
branch of law dealing with definition and enforcement of all private/public rights
Common Law
body of law developed from custom/judicial decisions in the English and the USA courts, not attributable to a legislature.
Concurring Opinon
court opinion by one or more judges/justices who agree with the majority but want to make/emphasize a point that was not made/emphasized in the majority’s opinion.
Dissenting opinion – the opposite.
Legal Reasoning
process of how law apply to an given situation, process where judge harmonizes his opinion with the judicial decisions in previous cases
Damages
monetary award sought as a remedy for a breach of contract or tortious act.
Equitable Maxims
general propositions/principles of law that have to do with fairness (equity).
Executive Agencies
admin agency within the executive branch of government. At the federal level, they are within the cabinet departments.
Independent regulatory agencies – not part of government executive branch and not subject to president’s authority. Cannot be removed without causes.
Jurisprudence
science / philosophy of law
Majority Opinion
court opinion that represents the views of majority (more than half) of judge/justices deciding the case.
Plurality opinion = fewer than half
Ordinances
law passed by a local governing unit, such as city or county(parish)
Per Curiam Opinion
by the whole court, court opinion written by the court as a whole
Precedent
court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Procedural Law
law establishing methods of enforcing rights established by substantive law
Remedies
relief given to an innocent party to enforce a right or compensate for the violation of right.
Remedies at Law
remedy available in a court of law. Monetary damages, example.
Remedies in Equity
when remedies at law not available, use injunction, specific performance, recession, restitution and reformation.
Sociological School
legal thought that views law as a tool for promoting justice in society.
Stare Decisis
common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions
Statutes of Limitations
federal/state statute setting the max time period which a certain act can be brought or rights being enforced.
Substantive Law
law that defines, describes, regulates, and creates legal rights/obligations
Uniform Law
- model law created by the national conference of commissioners for state to adopt the law.
