Chapter 1: Intro to Legal Studies Flashcards
Common Law
Law made by the court/judge (Supreme Court, Judge)
Statutory Law
Law made by the legislative body (local, state, federal)
Bill
An idea that has not yet been approved by congress
Statue
When a bill gets enacted/passed
Ordinance
Law has been enacted on a local level (city council)
Precedent/Stare Decisis
Looks at prior cases to see if there is one like it; make ruling based on previous cases
Statutory Construction
Must look to see how the words are crafted in the law
Plaintiff
Person who files lawsuit; name usually appears first
Defendant
Person who is being sued; name usually comes second
Appellant
Person who takes the appeal (lost)
Appellee
Person who the appeal is being taken against (he won)
Citation
Tells you where the case can be found
470 A. 2d 507 (Pa. 1983)
Volume, Abbreviation/Name for book, Edition, Page, Year case was decided
Unanimous
Everyone agreed with the outcome
Majority
Majority of the judges agreed with the outcomes
Concurring
Judge who reached the same conclusion as the majority but has a different reason for coming to that result
Dissenting
Judge disagrees with the outcome that the majority found
Affirm
When the original and appellant uphold or agree with the decision
Reverse
When the original and appellant disagree and reverse the original decision
Remand
Sending the case back to a trial judge to do something because it is a retrial and they didn’t make a decision
How to Brief a Case
Action, Facts, Issue, Court
Klein v. Raysinger
Klein’s car hit by drunk Raysinger who was served at home of Gilligans; Ruling established that no social host who gives liquor to a guest is liable; It is consumption of the liquor rather than the furnishing of it that causes harm
Corgini
Minor who was served by employer, given car keys, involved in accident, and sued boss; Ruling established that an adult who serves liquor to a minor will be responsible because law protects children
Currie v. Phillips
Ska died after attending party, drinking, and falling off hand rails– sued apartment owner; Ruling established one minor owes no duty to another minor under social host liability– all minors incompetent to handle alcohol
Who does the law protect?
Institutions rather than people; Children, the Government, etc.
Katco v. Briney
Strapped gun to door so intruders would stop coming in; Ruling established that you can use reasonable force to protect property but it can’t be force that will take life or inflict serious injury
Commonwealth v. Johnson
Established the killing is excusable when defendant did not provoke, reasonable fear for life, must kill to save life, and must retreat
Doctrine
A principal or instruction that does not necessarily have to be followed
First Impression
Case where there is no precedent
State v. Greenman
Greenmail given DUI for driving segway drunk (reversed; Ruling established that motor vehicles specifically excluded electronic personal devices, therefore it is okay to drive a segway under the influence
Public Law
Involves the rights of society which are represented by the government (criminal, constitutional, administrative)
Criminal Law
Crime is in violation of rights of society; prosecute people because it makes us all safer
Constitutional Law
Protection against government; 7 articles, 27 amendments
Constitutional Relativity
Constitution is written in broad languages so judges can interpret it with changing times
Which article created the legislature/congress?
Article One
Which article created the executive branch?
Article Two
Which article created the court?
Article Three
Administrative Law
Congress giving up some of its power to agencies who regulate specific areas (IRS, Social Security, FDA, EPA)
Private Law
Problems involving individuals and their rights (contract, tort, property, family)
Contract
Legal relationship between people by their own agreements
Tort
A private civil wrong– Negligence (car accident), Intentional (road rage), Products Liability
Property Law
Rights and duties arising out of the ownership and possession of real estate and personal property
Real Property
Land and everything attached to it (real estate)
Personal Property
Everything not attached to land (computer, pen, car)
Tangible
Physical object (clothes, car)
Intangible
Personal property that is not a physical object (patent, copyright, trademarks); Ownership evident by legal document
Family Law
Encompasses the rights, duties, and obligations involving marriages, civil unions, domestic partnerships, child support, etc.
Cyber Law
Deals with the law involving the internet and other digital networks
Corporate Governance
Refers to the structure and process for the control and management of companies
Primary Source
Written law itself such as a statue and court decision; can be binding or persuasive
Secondary Source
Consists of writings on the law such as law reviews and legal encyclopedias
