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College Law > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

What is chapter 1 about

A

law and legal reasoning

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2
Q

definition of law

A

enforceable rules governing relationships among individuals and their society; may consist of unwritten behavior, in law code, or from the courts decisions

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3
Q

what must business persons always take into account, whether they know the laws at hand or not

A

ethics/morals; may have to consider not just whether a decisions is legal, but also whether it is ethical

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4
Q

that are primary sources of law

A

sources that establish the law

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5
Q

what do primary sources of law include

A

U.S. constitution and the constitutions of the various states/
statutory law-including laws passed by congress, state legislatures, or local governing bodies/
regulations created by administrative agencies, such as the food and drug administration/
case law and common law

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6
Q

what are secondary sources of law and some examples

A

books and articles that summarize and clarify the primary sources of law; legal encyclopedias, treatises, articles in law reviews, an compilations of law

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7
Q

why do courts sometimes refer to secondary sources of law

A

for guidance in interpreting and applying the primary sources of law discussed here

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8
Q

what is constitutional law

A

the federal government and the states have separate written constitutions that set forth general organization, powers, and limits of their respective governments, of which is expressed through it

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9
Q

What article says what about the constitution

A

article VI; supreme law of the land

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10
Q

what does the tenth amendment say

A

define the balance of power between the federal government and the state; each state in its own union has its own constitution, as long as it stays within the US one then it is considered supreme within the states borders

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11
Q

statutory law

A

written law

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12
Q

what happens when a legislature pass a statute

A

that statute ultimately is included in the federal code of laws or the relevant state code of laws

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13
Q

what are statutes

A

laws, rules, or orders

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14
Q

what are ordinances

A

statutes passed by municipal or county governing units to govern matters not covered by federal or state law; commonly about city or country land use, building and safety codes, other matters affecting the community

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15
Q

what is uniform laws

A

model statutes

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16
Q

why did uniform laws become a thing and when was it that they did

A

differences among state laws often created difficulties or conducting trade and commerce; 1892 formed National Conference of commissioners on uniform state laws

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17
Q

what is one of the most important uniform acts

A

uniform commercial Code; first issued in 1952

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18
Q

what does the UCC do

A

facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions

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19
Q

what is administrative law

A

consists of the rules, orders, and decisions of administrative agencies

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20
Q

what is an administrative agency

A

a federal, state, or local government agency established to perform a specific function

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21
Q

what are executive agencies

A

subject to the authority of the president, who has the power to appoint and remove their officers

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22
Q

independent regulatory agencies

A

presidents power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause

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23
Q

what is case law

A

the doctrines and principles announced in cases–governs all areas not covered by statutory law or administrative law and is part of our common law tradition

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24
Q

what is common law

A

a body of general rules that applied throughout the entire english realm

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25
Q

what are remedies

A

legal means to enforce a right or redress a wrong

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26
Q

what were the original remedies at law

A

land, items of value, money

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27
Q

what are remedies at law today

A

usually taken in place with monetary damages

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28
Q

what are courts of law

A

courts that had been awarding the compensations

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29
Q

chancellors

A

adviser to the king; power to grant new and unique remedies

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30
Q

what are courts of equity

A

formal chancery courts; justice and fair dealing

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31
Q

what are remedies in equity

A

remedies granted by the equity courts

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32
Q

what does it mean to breach

A

fails to fulfill

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33
Q

what are equitable maxims

A

propositions or general statements of equitable rules

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34
Q

laches

A

from latin Laxus, meaning “lax” or “negligent”

35
Q

defense

A

argument being raised by defendant

36
Q

defendant

A

party being sued

37
Q

plaintiff

A

the party doing the suing

38
Q

petitioner

A

party brining lawsuit

39
Q

respondent

A

party being sued

40
Q

statutes of limitations

A

a period of limitation for bringing of certain kinds of legal action

41
Q

what are reporters

A

what cases today are published or reported in volumes of

42
Q

stare decisis

A

to stand on decided cases; judges are obliged to follow the precedents established within their jurisdictions; must apply the principles in future cases involving similar facts

43
Q

stare decisis two aspects

A

a court should no overturn its own precedents unless there is a compelling reason to do so/
decisions made by a higher court are binding on lower courts

44
Q

binding authority

A

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

45
Q

persuasive authorities

A

precedents from other jurisdictions

46
Q

public policy

A

governmental policy based on widely held societal values

47
Q

legal reasoning

A

judges harmonize their decisions with those that have been mad before

48
Q

method of legal reasoning acronym

A

IRAC

49
Q

IRAC

A

issue, rule, application, conclusion

50
Q

issue

A

what are the key facts and issues

51
Q

rule

A

what rules apply to the case

52
Q

alleges

A

claims

53
Q

application

A

how do the rules of law apply to the particular facts and circumstances of this case

54
Q

cases on point

A

previously decided cases that are as similar as possible to the one under consideration

55
Q

conclusion

A

what conclusion should be drawn

56
Q

what are restatements of the law

A

generally summarize the common law rules followed by most states; can be about contracts, torts, agency, trusts, property, restitution, security, judgements, conflict of law

57
Q

jurisprudence

A

the study of law

58
Q

natural law

A

a higher or universal law exists that applies to all human beings, and written laws should imitate these inherent principles ; how natural rights came about

59
Q

positive, or national, law

A

written law of a given society at a particular time that only applies to those of that nation or society

60
Q

legal positivism

A

believe that there can be no higher law than a nations positive law

61
Q

historical school

A

looks to the past to see how principles should be

62
Q

legal realism

A

based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs ; law can never be applied with total uniformity, we are all human so can experience things in different ways

63
Q

sociological school,

A

views law as a tool for promoting justice in socitety

64
Q

substantive law

A

consists of all laws that define, describe, regulate, and create legal rights and obligations

65
Q

procedural law

A

consists of all laws that outline the methods of enforcing the rights established by substantive law

66
Q

civil law

A

spells out the rights and duties that exist between persons and their governments, as well as the relief available when a persons rights are violated

67
Q

criminal law

A

concerned with wrongs committed against, the public as a whole

68
Q

citation

A

identifies the publications in which a legal authority–such as a statute or a court decision or other source–can be found

69
Q

what happens when congress passes laws

A

they are collected in a publication titled United States Statutes at large

70
Q

what happens when state legislatures pass laws

A

they are collected in similar state publications

71
Q

what is the united states code and where can it be found

A

arranges all existing federal laws by broad subject; www.gpo.gov

72
Q

where are rules and regulations adopted by federal administrative agencies initially published

A

federal register; then incorporated into the code of federal regulations

73
Q

several levels, or tiers, of courts

A

trial courts, court of appeals

74
Q

appellant

A

the party appealing the case

75
Q

appellee

A

party against whom the appeal is taken

76
Q

opinions

A

contains the courts reasons for its decisions, the rules of law that apply, and the judgement

77
Q

judges and justices

A

same thing; synonyms

78
Q

concurring opinion

A

judge who agrees (concurs) with the majority opinion as to the results but not as to the legal reasoning, often writes one

79
Q

dissenting opinion

A

presents the views of one or more judges who disagree with the majority view

80
Q

plurality opinion

A

opinion that has support of the largest number of judges, but the group is less than the majority

81
Q

per curiam opinion

A

does not indicate which judge wrote the opinion

82
Q

*** (three)

A

Deleted couple words

83
Q

** (four)

A

deleted paragraph(s)

84
Q

how to brief a case

A

first summarize background and facts, indicate the issue before the court, courts decision on the issue and legal reasoning for reaching decision

College Law (10 decks)

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