Chapter 1

Question 1

Law

Answer 1

enforceable rules governing relationships among individuals and between individuals and their society.

Question 2

15 Sources of Law

Answer 2

Federal- Constitution, Statutes, Case Law, Regulations

State- Constitution, Civil Code,Statutes, Case Law, Regulations

Both- Scholars, Private Parties, Custom/Trade Usage

Question 3

5 Boxes

Answer 3

Right of Action, Cause of Action, Subject Matter Jurisdiction, Personal Jurisdiction, Venue

Question 4

Primary Sources of Law

Answer 4

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

Question 5

Natural Law vs Positive Law

Answer 5

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.

Question 6

Legal Positivism

Answer 6

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.

Question 7

Historical School

Answer 7

legal thought that emphasizes evolutionary process of law by concentrating on the origin and history of legal system.

Question 8

Legal Realism

Answer 8

based on the idea that law is just one of many institutions in society and that is shaped by social forces/needs.

Question 9

Administrative Agency

Answer 9

federal/state agency created by the legislature to perform a specific function – make/enforce rules pertaining to the environment.

Question 10

Administrative Law

Answer 10

body of law created by admin agencies in order to carry our their duties and responsibilities.

Question 11

Alleges

Answer 11

to state, recite, asset or charge

Question 12

Appellant / Appelle

Answer 12

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.

Question 13

Binding authority

Answer 13

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

Question 14

Breaches

Answer 14

violate a law, by an act or omission or to break a legal obligation that one owes to another person/society.

Question 15

Case Law

Answer 15

rules of law announced in court decisions. It interprets statutes, regulation, constitutional provisions and another case law.

Question 16

Case on point

Answer 16

Cases on point – previous case involving factual circumstances and issues that are similar to those in the case before the court.

Question 17

Citation

Answer 17

reference to a publication in a legal authority (statute or court decision) or another source can be found

Question 18

Civil Law

Answer 18

branch of law dealing with definition and enforcement of all private/public rights

Question 19

Common Law

Answer 19

body of law developed from custom/judicial decisions in the English and the USA courts, not attributable to a legislature.

Question 20

Concurring Opinon

Answer 20

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.

Question 21

Legal Reasoning

Answer 21

process of how law apply to an given situation, process where judge harmonizes his opinion with the judicial decisions in previous cases

Question 22

Damages

Answer 22

monetary award sought as a remedy for a breach of contract or tortious act.

Question 23

Equitable Maxims

Answer 23

general propositions/principles of law that have to do with fairness (equity).

Question 24

Executive Agencies

Answer 24

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.

Question 25

Jurisprudence

Answer 25

science / philosophy of law

Question 26

Majority Opinion

Answer 26

court opinion that represents the views of majority (more than half) of judge/justices deciding the case.

Plurality opinion = fewer than half

Question 27

Ordinances

Answer 27

law passed by a local governing unit, such as city or county(parish)

Question 28

Per Curiam Opinion

Answer 28

by the whole court, court opinion written by the court as a whole

Question 29

Precedent

Answer 29

court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Question 30

Procedural Law

Answer 30

law establishing methods of enforcing rights established by substantive law

Question 31

Remedies

Answer 31

relief given to an innocent party to enforce a right or compensate for the violation of right.

Question 32

Remedies at Law

Answer 32

remedy available in a court of law. Monetary damages, example.

Question 33

Remedies in Equity

Answer 33

when remedies at law not available, use injunction, specific performance, recession, restitution and reformation.

Question 34

Sociological School

Answer 34

legal thought that views law as a tool for promoting justice in society.

Question 35

Stare Decisis

Answer 35

common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions

Question 36

Statutes of Limitations

Answer 36

federal/state statute setting the max time period which a certain act can be brought or rights being enforced.

Question 37

Substantive Law

Answer 37

law that defines, describes, regulates, and creates legal rights/obligations

Question 38

Uniform Law

Answer 38

• model law created by the national conference of commissioners for state to adopt the law.