Chapter 1 Flashcards
Constitutional law
Law expressed in US and state constitutions. U.S. Constitution is the supreme law of the land according to article VI of the U.S. Const. As such is the basis of all law in the US
Laws enacted by legislative body’s at any level of government, make up what is known as
Statutory Law
Ordinances
Also included under statutory law, statutes passed by municipal or county governing units to govern matters not covered by federal or state law
NCCUSL
National conference of commissioners on uniform state laws
Uniform laws
A model law created by the NCCUSL and the American law institute for the states to consider adopting. If the state adopts the law it becomes statutory law for the state. Each state has option of adopting or rejecting all or part of a uniform law
Administrative law
Rules orders and decisions of administrative agencies
A federal, state or local government agency established to preform a specific function. Dictate a businesses capital structure and financing, it’s hiring and firing procedures, it relations with employees and unions, and the way it manufactures and markets its products
Administrative agencies
Agencies that are subject to the authority of the president who has the power to appoint and remove their officers. Ex: food and drug administration
Executive agencies
Independent regulatory agencies
Federal trade commission, securities and exchange commission, and Federal Communications Commission. Presidents power is less pronounced in independent agencies who’s officers serve for fixed terms
Case law
Body of judge made law, the rules announced in court decisions. Rules include interpretations of constitutional provisions of statutes enacted by legislature and of regulations created by administrative agencies governs all areas not covered by statutory law, administrative law and is part of common law tradition
Common law
A body of general rules that applied throughout the entire English realm. Eventually common law tradition became part of the U.S. Tradition
Remedy at law
Today remedy at law normally takes the form of monetary damages Originally it was Land Items of value Money
Remedies in equity
Specific performance
Injunction
Rescission
Specific performance
Ordering a party to preform an agreement as promised
Injunction
An order to a party to cease engaging in a specific activity or to undo some wrong or injury
Rescission
The cancellation of a contractual agreement
Propositions or general statements of equitable rules
Equitable maxims
Equitable doctrine of laches ( last equitable maxim )
Equity aids the vigilant not those who rest on their rights. Laches- derived from Laxus, meaning “ lax” or “ negligent” can be used as a defense
Time periods for different types of cases are now usually fixed by
Statutes of limitations
A part has the right to demand a jury trial in an action in —– but not in an action in —-
Can deman jury trail in an action at law but not in an action in equity
A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
Precedent
Cases are published in volumes called —-
Reporters
“To stand on decided cases” judges are obligated to fallow the precedents established within their jurisdictions.
Stare decisis
Any source of law that a court must fallow when deciding a case
A binding authority
In deciding cases of first impression, courts often look at ———- for guidance. (Precedents from other jurisdictions)
Persuasive authorities
Judges harmonize their decisions with those that have been made before, as the doctrine of stare decisis requires. This process is known as ——–
Legal reasoning
Tort
A civil wrong not arising from breach of contact. A breach of a legal duty that proximately causes harm or injury to another.
Jurisprudence
The science or philosophy of law
The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. This law school is the oldest and one of the most significant schools of legal thought.
Natural law
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Negligence
A school of legal thought based on the assumption that their is no law higher than the laws created by a national government. Laws must be obeyed even if they are unjust to prevent anarchy.
Legal positivism
School of legal though popular in 1920’s and 30’s take into account the circumstances in which transactions take place. This school of thought left a lasting impression on American jurisprudence
Legal realism
A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be.
Historical school
A school of legal thought that looks at the law as a tool to promote justice in society
Sociological school
Law that defines the rights and duties of individuals with respect to each other as opposed to procedural law which defines the manner in which these rights and duties may be enforced
Substantive law
Rules that define the manner in which the rights and duties of individuals may be enforced
Procedural law
The branch of law dealing with the definition and enforcement of all private or public rights as opposed to criminal matters
Civil law
Law that defines and governs actions that constitute crimes. Wrongful actions committed against society for which societal demands redress
Criminal law
An informal term used to describe all laws governing electronic communications and transactions, particularly those conducted via the Internet
Cyber law
A reference to a publication in which a legal authority such as a statute or a court decision or other source can be found
Citation
4 primary sources of law.
constitutions- federal and state
Statutory- congress state and local
Regulations- created by administrative agencies
Case Law and common law doctrines
Under what circumstances might a judge rely on case law to determine the intent and purpose of a statute?
When a particular area is not covered by statutory or administrative law ?
A federal statue conflicts with the U.S. Constitution. Which sources or law takes priority
uS constitution
