Chapter 1 ACC 473 Flashcards
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.
CONSTITUTIONAL LAW
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.
STATUTORY LAW
The rules, orders, and decisions of federal, state , or local government administrative agencies.
ADMINISTRATIVE LAW
Judge-made law, including interpretations of constitutional provisions, of statues enacted by legislatures, and of regulations created by administratice agencies.
CASE LAW AND COMMON LAW DOCTRINES
Propositions of general statements of equitable rules.
EQUITABLE MAXIMS
A ________ is an argument raised by the defendant indicating why the plaintiff should not obtain the remedy sought.
DEFENSE
The party being sued is _______
DEFENDANT
The suing party is _________
PLANTIFF
The party brining a lawsuit is called the ____.
PETITIONER
The party being sued is referred to as the ______.
RESPONDANT
One of the distinct features of common law is that it is ________.
JUDGE MADE LAW
Procedure- initiation of lawsuit. What is the action at law?
BY FILING A COMPLAINT
Procedure- parties. What is the action at law?
PLANTIFF AND DEFENDANT
Procedures- decision. What is the action at law?
BY JUDGE OR JURY
Procedures- result. What is the action at law?
JUDGEMENT
Procedures- remedy. What is the action at law?
MONETARY DAMAGES
Procedure- initiation of lawsuit. What is the action in equity?
BY FILING A PETITION
Procedure- parties. What is the action in equity?
PETIIONER AND RESPONDENT
Procedures- decision. What is the action in equity?
BY JUDGE (NO JURY)
Procedures- result. What is the action in equity?
DECREE
Procedures- remedy. What is the action in equity?
INJUNCTION, SPECIFIC PERFOMANCE, OR RECISSION
A decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principals or facts.
PRECEDENT
The term _____ refers to a geographic area in which a court or courts have the power to apply the law.
JURISDICTION
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.
STARE DECISIS, BINDING, OVERTURN
A _______ isw any source of law that a court must follow when deciding a case.
BINDING AUTHORITY
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
_______ is a latin phrase meaning to stand on decided cases.
STARE DECISIS
Occasionally, the courts must decide cases for which no precednets exist, called ________.
CASES OF FIRST IMPRESSION
Precedents from other jurisdictions are _____.
PERSUASIVE AUTHORITIES
_______ is governmental policy based on widely held societal values.
PUBLIC POLICY
________ 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
The steps you can take when analyzing cases and case problems is know as the _______ method of legal reasoning.
IRAC
What does IRAC stand for?
ISSUE, RULE, APLICATION, AND CONCLUSION
What are the 4 questions you would ask when applying the IRAC model.
- WHAT ARE THE KEY FACTS AND ISSUES?
- WHAT RULES OF LAW APPLY TO THE CASE?
- HOW DO THE RULES OF LAW APPLY TO THE PARITCULAR FACTS AND CIRCUMSTANCES OF THIS CASE?
- WHAT CONCLUSION SHOULD BE DRAWN?
_______ are previously desided cases that are as similar as possible to the one under consideration.
CASES ON POINT
_______ is sometimes called syllogistic reasoning becuase it employs a syllogism.
DEDUCTIVE REASONING
_______ is a ogical relationship involving a major premise, a minor premise, and a conclusion.
SYLLOGISM
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
______ generally summarize the common law rules followed by most states.
RESTATEMENTS
There are _________ in the areas of contracts, torts, agency, trusts, property, restitution, security, judgments, and conflict of laws.
RESTATMENTS OF THE LAW
The American Law Institute has drafted and published complications of the common law called _________.
RESTATEMENTS OF THE LAW
________ are generally a summary of the common law rules followed by most states.
RESTATMENTS OF THE LAW
______ is the science or philosophy of law
JURISPRUDENCE
Which branch of government is supposed to make laws?
LEGISLATIVE BRANCH
______ 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
Those who adhere to _______ believe that there can be no higher law than a nation’s positive law.
LEGAL POSITIVISM
The _______ of legal thought emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system.
HISTORICAL SCHOOL
______ 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
The ______ school of ______ views law as a tool for promoting justice in society.
SOCIOLOGICAL; JURISPRUDENCE
______ consists of all laws that define, describe, regulate, and create legal rights and obligations.
SUBSTANTIVE LAW
______ consists of all laws that delineate the methods of enforcing the rights established by substantive law.
PROCEDURAL LAW
______ is dealing with relationships between private entities.
PRIVATE LAW
_____ is addressing the relationship between persons and their governments.
PUBLIC LAW
_____ 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
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
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
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
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
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
_______ is concerned with wrongs committed against the public as a whole.
CRIMINAL LAW
__________ 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
______ refers to the emerging body of law that governs transactions conducted via the internet.
CYBERLAW
____ is not really a classification of law, nor is it a new type of law.
CYBERLAW
A ____ identifies the publication in which a legal authority such as a statute or a court decision or other source can be found.
CITATION
The ____ arranges all existing federal laws by broad subject.
THE UNITED STATES CODE (U.S.C)
_____ is a daily publication of the U.S. government.
FEDERAL REGULATIONS
______ 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
When more than one reporter is cited for the same case, each reference is called a ______.
PARALLEL CITATION
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
The _______is the party against whom the appeal
is taken
APPELLEE
Most decisions reached
by reviewing, or appellate, courts are explained in
written _______.
OPINIONS
The ______ contains the court’s
reasons for its decision, the rules of law that apply,
and the judgment.
OPINION
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
To ________ a complaint is to fi le the appropriate
legal documents with the clerk of a
court to initiate a lawsuit.
LODGE
The Fifth and Fourteenth Amendments guarantee the right to \_\_\_\_\_\_\_\_—to enjoy life, liberty, and property without unfair government interference.
DUE PROCESS
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
A __________ is a judgment that a
court enters without continuing a trial.
SUMMARY JUDGEMENT
__________ relate to the branch of
criminology dealing with prison management
and the treatment of offenders.
PENOLOGICAL INTERESTS
