Chapter 1: Introduction to Law

Question 1

Body of rules of action or conduct prescripbed by controlling authority, and having binding legal force. That which must be obeyed by citizens subject to sanctions or legal consequence.

Answer 1

Law

Question 2

Emphasizes that law is tied to morals and ethics. An objective norm or set of objective norms act to govern human behavior.

Answer 2

Natural Law

Question 3

Legal theory espouses that law is merely a set of rules developed and enforced by the governing authority; it must both exist and be enforced. Ex: Will you get a speeding citation if you drive 71 mph, if it is posted as 70 mph> Ad if you don’t get a citation for driving 71 miles per hour, was that speed limit really law?

Answer 3

Legal Positivism

Question 4

The application of economic theory to the analysis of law; Economic principles are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules should be promoted.

Answer 4

Law and Economics

Question 5

A movement that challenges the ability of the conventional legal structure to deliver social and economic justice; claim that racism is a fundamental part of American society and that minorities interests are subservient to the system’s self-interest.

Answer 5

Critical Race Theory

Question 6

Relationship between the common morality of a society and the law; relationship between law and society’s prevailing moral trends.

Answer 6

Law and Morality

Question 7

A question and decision that help in dilemmas not based on law; Ask “What should I do?”

Answer 7

Ethical decision

Question 8

A question and decision made based on the law. Ask “ What must I do?”

Answer 8

Legal decision

Question 9

A theory used to view ethical considerations where a person must consider the benefits ad costs of decision to society as a whole.

Answer 9

Utilitarianism

Question 10

A theory used to view ethical considerations that indicates that business people should make decisions that benefit the shareholders or owners of a business.

Answer 10

Shareholder Theory

Question 11

A theory used to view ethical considerations that challenges individuals to promote personal character and values; promotes internal motivation from a sense of charity.

Answer 11

Virtue Theory

Question 12

1) Gather facts and decide what legal concerns are at issue
2) Determine what parties are involved and how a decision will affect those parties and
society as a whole.
3) Determine your values and compare those to the business and other stakeholders.
4) Reflect on the outcomes of the decision and determine the best course of action.

Answer 12

Analyzing Ethical Dilemmas (Steps)

Question 13

Enforceable rules of conduct that govern commercial relationships

Answer 13

Business Law

Question 14

Establish the general limits and powers of a government

Answer 14

Constitutions

Question 15

Legislative acts or an assortment of laws established by Congress of state legislatures.

Answer 15

Statutes

Question 16

Combining statutes into collections of law.

Answer 16

Code

Question 17

The collection of legal decisions of laws made by judges; when a judge interprets the law and applies it to the specific facts of the cases brought to court.

Answer 17

Case Law (aka Common Law)

Question 18

When a legal remedy seems unfair or inadequate the plaintiff may request something else (i.e. the defendant to do something); include things like injunctions (to do or not do something) and specific performance (orders party to perform its obligations.)

Answer 18

Equitable Claims

Question 19

A wrong committed against you (i.e. breach of contract); a set of facts sufficient to justify suing to obtain money, property, or the enforcement of a legal right against another party.

Answer 19

Cause of Action

Question 20

How courts have decided similar cases that occurred in the past.

Answer 20

Precedent

Question 21

A principle state that rulings made in higher courts are binding precedent for lower courts.

Answer 21

Stare decisis

Question 22

An evidentiary protection that means that the attorney cannot divulge statements made by the client to the attorney.

Answer 22

Attorney-client privilege