Chapter 1 Flashcards
What is the definition of law
rules enacted by government authority that govern individuals and societal relationships
What is Jurisprudence?
study of the legal system, the principles of law, and how laws are created, enforced, and interpreted (study of law)
What are the purposes of Law
- Keeping Order
- Influencing conduct
- Honoring Expectations
- Protect Rights and Liberties
- Law as the Great Compromiser
What are the primary sources of law
- Constitution
- Legislatures and Statues
- Administrative Agencies and Regulations
- The Judiciary and Common Law
What are characteristics of the Federal US Constitution
- Highest Law
- Fundamental law of the land
- Establishes the limits and power of government.
- Establishes legislative, executive, and judicial branches of government.
What are the charactaristics of State Constitution
- constitution at the state level
- cannot conflict with Federal constitution
What is Statutory Law
laws enacted by legislative bodies can be federal, state or municipal law
what are ordinances
they are statutory laws placed by municipal or counties
What is an example of statutory law conflict
some cities limit cooperation with immigration authorities and this shows differences in opinion between state over statutory law
What are administrative laws
The body of law created by administrative agencies in order to carry out their duties and responsibilities.
What is an administrative agency?
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
What is the process of how and what administrative agencies are
- congress creates a statue
- statue names administrative agency
- agency makes regulations
what are examples of administrative agencies on a federal level
Federal: executive agencies (The U.S. Food and Drug Administration)
and independent regulatory agencies (Federal Trade Commission)
What primary source of law has a very important effect on the legal environment of businesses
administrative agencies and their regulations
What are case laws
The rules of law announced in court decisions. Laws made by a judge. Case law interprets statutes, regulations, constitutional provisions, and other case law.
Where does common law come from
the old english system
What is common law
JUDGE MADE LAWS to decide controversies that aren’t covered by statutory or administrative laws
common law fills in the blanks
What is legal remedies or remedy at law
getting money
what is an equitable remedy
anything besides money ex: restraining order
What is a precedent
For common law it is the legal principal that sets authority for deciding cases involving identical or similar facts
What is Stare Decisis
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions.
helps courts be more efficient, stable and predictable
*judges must follow precedent
what is a jurisidction
geographic area in which a court or courts have the power to apply the law
What are controlling precedents
precedence that must be be followed within jurisdiction which is a type of binding authority
what is binding authority
Any source of law that a court must follow when deciding a case.
