Chapter 1 Flashcards
What are sources that establish the law?
U.S. Constitution
Statutes passed by legislature
Regulations created by administrative agencies
Case law
Documents where the laws are contained, such as constitution, statute, case law
Primary sources
Books and articles the discuss primary sources of law. Example: encyclopedia of law
Secondary sources
Lays out the powers and organization of the gov. Each state and federal gov. Have a constitution
Constitutional law
Laws enacted by legislatures; local state, federal government each have statutory codes
Statutory law
Written rules est. by local or state or federal agencies
Administrative law
Rules of law interpreted by courts. Courts interpret other sources of American law
Doctrines
The American legal system is based upon principles established by the English legal system of common law
Refers to the body of law that has developed from court decisions
Common law
Lower courts must follow decisions of higher courts
Courts should not over turn their own decisions unless there is strong justification for doing so.
(This ensures of courts are more stable and predictable)
Stare decisis
Given to the parties to compensate them for a loss.
Occurs when courts compensate outside of normal guidelines. Example: the court could grant and injunction instead of monetary damages
Equitable remedies
Our country has 2 court systems federal and the state
Each system has trial courts and appellate courts. Trial courts are where cases are litigated and appellate courts rule
On the decisions of trial courts
Party initiating the suit
Plaintiff
Person the suit is brought against
Dependent
Views of the majority of the justices
Majority opinion
Written by one or more justices who agrees with the majority but want to make a point that was not made in the majority’s opinion
Concurring opinion
