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Chapter 1 ACC 473 Flashcards

1
Q

The law as expressed in the U.S. constitution and the state consitituions. The U.S. constitution is the supreme law of the land. State constitutions are supreme within state borders to the extent that they do not violate a clause of the U.S. constitution or a federal law.

A

CONSTITUTIONAL LAW

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2
Q

Laws (statues and ordinances) enacted by federal, state, and local legislatures and governing bodies. None of these laws may violate the U.S. constitution or the relevant state constitution. Uniform laws, when adopted by a state, become statutory law in the state.

A

STATUTORY LAW

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3
Q

The rules, orders, and decisions of federal, state , or local government administrative agencies.

A

ADMINISTRATIVE LAW

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4
Q

Judge-made law, including interpretations of constitutional provisions, of statues enacted by legislatures, and of regulations created by administratice agencies.

A

CASE LAW AND COMMON LAW DOCTRINES

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5
Q

Propositions of general statements of equitable rules.

A

EQUITABLE MAXIMS

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6
Q

A ________ is an argument raised by the defendant indicating why the plaintiff should not obtain the remedy sought.

A

DEFENSE

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7
Q

The party being sued is _______

A

DEFENDANT

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8
Q

The suing party is _________

A

PLANTIFF

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9
Q

The party brining a lawsuit is called the ____.

A

PETITIONER

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10
Q

The party being sued is referred to as the ______.

A

RESPONDANT

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11
Q

One of the distinct features of common law is that it is ________.

A

JUDGE MADE LAW

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12
Q

Procedure- initiation of lawsuit. What is the action at law?

A

BY FILING A COMPLAINT

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13
Q

Procedure- parties. What is the action at law?

A

PLANTIFF AND DEFENDANT

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14
Q

Procedures- decision. What is the action at law?

A

BY JUDGE OR JURY

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15
Q

Procedures- result. What is the action at law?

A

JUDGEMENT

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16
Q

Procedures- remedy. What is the action at law?

A

MONETARY DAMAGES

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17
Q

Procedure- initiation of lawsuit. What is the action in equity?

A

BY FILING A PETITION

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18
Q

Procedure- parties. What is the action in equity?

A

PETIIONER AND RESPONDENT

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19
Q

Procedures- decision. What is the action in equity?

A

BY JUDGE (NO JURY)

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20
Q

Procedures- result. What is the action in equity?

A

DECREE

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21
Q

Procedures- remedy. What is the action in equity?

A

INJUNCTION, SPECIFIC PERFOMANCE, OR RECISSION

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22
Q

A decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principals or facts.

A

PRECEDENT

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23
Q

The term _____ refers to a geographic area in which a court or courts have the power to apply the law.

A

JURISDICTION

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24
Q

The _______ has two aspects first that decisions made by a higher court are ______ on lower courts; and second, that a court should not ______ its own precedents unless ther is a compelling reason to do so.

A

STARE DECISIS, BINDING, OVERTURN

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25
A _______ isw any source of law that a court must follow when deciding a case.
BINDING AUTHORITY
26
Binding authorities include; _______, ______, and ______ that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdicition.
CONSTITUTIONS, STATUES, REGULATIONS
27
_______ is a latin phrase meaning to stand on decided cases.
STARE DECISIS
28
Occasionally, the courts must decide cases for which no precednets exist, called ________.
CASES OF FIRST IMPRESSION
29
Precedents from other jurisdictions are _____.
PERSUASIVE AUTHORITIES
30
_______ is governmental policy based on widely held societal values.
PUBLIC POLICY
31
________ is the reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case.
LEGAL REASONING
32
The steps you can take when analyzing cases and case problems is know as the _______ method of legal reasoning.
IRAC
33
What does IRAC stand for?
ISSUE, RULE, APLICATION, AND CONCLUSION
34
What are the 4 questions you would ask when applying the IRAC model.
1. WHAT ARE THE KEY FACTS AND ISSUES? 2. WHAT RULES OF LAW APPLY TO THE CASE? 3. HOW DO THE RULES OF LAW APPLY TO THE PARITCULAR FACTS AND CIRCUMSTANCES OF THIS CASE? 4. WHAT CONCLUSION SHOULD BE DRAWN?
35
_______ are previously desided cases that are as similar as possible to the one under consideration.
CASES ON POINT
36
_______ is sometimes called syllogistic reasoning becuase it employs a syllogism.
DEDUCTIVE REASONING
37
_______ is a ogical relationship involving a major premise, a minor premise, and a conclusion.
SYLLOGISM
38
The reasoning by _______ is to compare the facts in the case at hand to the facts in previous cases and, to the extent that the patterns are similar, to apply the same rule of law to the present case.
ANALOGY
39
______ generally summarize the common law rules followed by most states.
RESTATEMENTS
40
There are _________ in the areas of contracts, torts, agency, trusts, property, restitution, security, judgments, and conflict of laws.
RESTATMENTS OF THE LAW
41
The American Law Institute has drafted and published complications of the common law called _________.
RESTATEMENTS OF THE LAW
42
________ are generally a summary of the common law rules followed by most states.
RESTATMENTS OF THE LAW
43
______ is the science or philosophy of law
JURISPRUDENCE
44
Which branch of government is supposed to make laws?
LEGISLATIVE BRANCH
45
______ is a principle or body of laws considered as derived from nature, right reason, or religion and as ethically binding in human society.
NATURAL LAW
46
Those who adhere to _______ believe that there can be no higher law than a nation's positive law.
LEGAL POSITIVISM
47
The _______ of legal thought emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system.
HISTORICAL SCHOOL
48
______ is based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs.
LEGAL REALISM
49
The ______ school of ______ views law as a tool for promoting justice in society.
SOCIOLOGICAL; JURISPRUDENCE
50
______ consists of all laws that define, describe, regulate, and create legal rights and obligations.
SUBSTANTIVE LAW
51
______ consists of all laws that delineate the methods of enforcing the rights established by substantive law.
PROCEDURAL LAW
52
______ is dealing with relationships between private entities.
PRIVATE LAW
53
_____ is addressing the relationship between persons and their governments.
PUBLIC LAW
54
_____ spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person's rights are violated.
CIVIL LAW
55
Typically in a ______ case a private party sues another private party. (although the government can also sue a party for a ____ law violation.
CIVIL; CIVIL
56
One of the oldest and most significant schools of legal thought. Those who believe in _____ law hold that there is a universal law applicable to all human beings. This law is discoveralble thourgh reason and is of a higher order than positive (national) law.
NATURAL LAW SCHOOL
57
A school of legal thought centered on the assumption that there is no law higher than the laws created by the government. Laws must be obeyed, even if they are unjust, or prevent anarchy.
POSITIVE SCHOOL
58
A school of legal thought that stresses the evolutionary nature of law and looks to doctrines that have withstood the passage of time for guidance in shaping present laws.
HISTORICAL SCHOOL
59
A school of legal thought that advocates a less abstract and more realistic pragmatic approach to the law and takes into account customary practices and the circumstances surrounding the particular transaction. Legal realism strongly influenced the growth o the sociological school of jurisprudence, which views law as a tool for promoting social justice.
LEGAL REALISM
60
_______ is concerned with wrongs committed against the public as a whole.
CRIMINAL LAW
61
__________ are thus prosecuted by public officials such as district attorney, on behalf of the state, not by their victims or other private parties.
CRIMINAL DEFENDANTS
62
______ refers to the emerging body of law that governs transactions conducted via the internet.
CYBERLAW
63
____ is not really a classification of law, nor is it a new type of law.
CYBERLAW
64
A ____ identifies the publication in which a legal authority such as a statute or a court decision or other source can be found.
CITATION
65
The ____ arranges all existing federal laws by broad subject.
THE UNITED STATES CODE (U.S.C)
66
_____ is a daily publication of the U.S. government.
FEDERAL REGULATIONS
67
______ is where evidence is presented and testimony is given. This is on the ____ tier. (which also include lower courts that handle specialized issues).
TRIAL COURTS
68
When more than one reporter is cited for the same case, each reference is called a ______.
PARALLEL CITATION
69
When a case is appealed from the original court or jurisdiction to another court or jurisdiction, the party appealing the case is called the _____
APPELLANT
70
The _______is the party against whom the appeal | is taken
APPELLEE
71
Most decisions reached by reviewing, or appellate, courts are explained in written _______.
OPINIONS
72
The ______ contains the court’s reasons for its decision, the rules of law that apply, and the judgment.
OPINION
73
Often, a judge or justice who wishes to make or | emphasize a point that was not made or emphasized in the unanimous or majority opinion will write a ________.
CNCOURING OPINION
74
To ________ a complaint is to fi le the appropriate legal documents with the clerk of a court to initiate a lawsuit.
LODGE
75
``` The Fifth and Fourteenth Amendments guarantee the right to ________—to enjoy life, liberty, and property without unfair government interference. ```
DUE PROCESS
76
An ________ is a written or printed voluntary statement of fact, confi rmed by the oath or affi rmation of the party making it and made before a person having the authority to administer the oath or affi rmation.
AFFIDAVIT
77
A __________ is a judgment that a | court enters without continuing a trial.
SUMMARY JUDGEMENT
78
__________ relate to the branch of criminology dealing with prison management and the treatment of offenders.
PENOLOGICAL INTERESTS

ACC 473 (5 decks)

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