Chapter 1 Flashcards
A source of law that establishes the law
Primary source
Name four primary sources of the law
- The U.S. and State Constitutions
- Statutory law
- Regulations created by administrative agencies
- Case law and common law doctrines
Sources of law that summarize and clarify the primary source of law
Secondary sources
Law as expressed in constitutions
Constitutional law
Laws enacted by legislative bodies at any level of government, such as statutes passed by congress or by state legislatures
Statutory Law
Regulations passed by municipal or county governing units to deal with matters not covered by federal or state law. Are considered statutory laws
Ordinances
The National Conference of Commissioners on Uniform State Laws (NCCUSL) works to draft uniform model statutes for states to adopt. What are thes statutes called?
Uniform laws
This is one of the most important uniform acts and designed to provide uniform, yet flexible, set of rules governing commercial transactions.
The Uniform Commercial Code (UCC)
These laws consists of rules, orders, and decisions of administrative agencies.
Administrative law
This is a federal, state, or local agency established to perform a specific function.
Administrative agency
These agencies are subject to the authority of the president and operate at the national level of the executive branch.
Executive agencies
A body of judge made laws announced in court by interpreting other primary sources of law.
Case law
A decision that furnishes an example of authority for deciding subsequent cases involving identical or similar legal principles or facts.
Precedent
Defendant
The party being sued or charged
Plaintiff
Party who is suing
Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions.
stare decisis
A source of law that a court must follow when deciding a case
binding authority
legal authorities that a court may consult for guidance but are not binding on the court
persuasive authorities
Deciding what law applies to a given dispute and then applying that law to the facts of circumstances of the case.
Legal reasoning
What are the four steps of legal reasoning?
- Issue - What are the facts and issues
- Rule - What rule of law applies
- Application - How does the rule apply to this case
- Conclusion - What conclusion should be drawn
IRAC
A previously decided case as similar as possible to the one under investigation
Cases on point
Term for the study of law
Jurisprudence
The school of thought believing their is a higher law that applies to all humans and supersedes written law
Natural Law
The school of though that no law is higher than national law is called
legal positivism
The school of thought that emphasizes the evolutionary process of the law and it’s origins
Historical law
School of thought that is based on the idea that law is just one of many institutions in society and it is shaped by social forces and needs
Legal realism
Classification of law that consists of all laws that define, describe, regulate, or create legal rights.
Substantive law
Classification of law that consist of all laws that outline the methods of enforcing the rights established by substantive law.
Procedural law
Type of law the spells out th erights and duties that exists between persons and between persons and their governments
Civil Law
Law that is concerned with wrongs against the public
Criminal law
Party filing the lawsuit?
Party for whom the suit is against
Plaintiff or petitioner
Defendant or respondent
Party appealing a case?
Party against whom the appeal is taken
Appellant
appellee
This contains the courts reasons for it’s decision, the rule sof law that apply, and the judgement
Opinions
