Chapter 1 - Introduction To Law Flashcards
Common Law
Stare decisis (“let the decision stand”). Using past court decisions in making judgements in order to provide consistency and constancy of the law
Substantive Law
Laws that give rights and responsibilities
The Theory of Positive Law
The theory that the critical part of the law is obedience so we have an orderly society
Equity
A body of law that attempts to do justice when the law does not provide a remedy, when the remedy is inadequate, or when the application of law is terribly unfair
Party autonomy
Allows firms to operate uniformly throughout the world if their contracts are recognized as valid in most countries
Courts of Chancery
The type of court where equitable remedies were available before they were combined with the common law courts
5 Purposes of the Law
- Keeping order
- Influencing conduct
- Honoring expectations
- Promoting equality
- Compromising disputes
Multilateral treaties
Treaties made among several nations
Criminal law
Laws for a wrong against society
Uniform Laws
Laws drafted by groups of business people, scholars, and lawyers in an effort to make interstate business less complicated
Citation
Legal shorthand to reference laws
Statutory Law
Law passed by some governmental body and written in some form
The Theory of Natural Law
A Theory of law that says we have certain rights that cannot be taken away by law
Public Law
Laws enacted by some authorized governmental body
Procedural law
Laws that provide means for enforcing substantive laws
United States Code (U.S.C)
Laws passed by congress
Civil law
Laws for a wrong against another person or persons
4 Theories of Law
- Positive Law
- Natural Law
- The Protection of Individuals and Relationships
- The social contract
Universal treaties
Treaties recognized by almost all nations
Injunctions
Court orders prohibiting certain conduct or ordering certain acts
3 Characteristics of Law
- Flexibility
- Consistency
- Pervasiveness
Jurisprudence
Legal study of different theories or value bases for law
Uniform Commercial Code (UCC)
Governs contracts for the sale of goods, commercial paper, security interests, and other types of commercial transactions
State codes
The states’ criminal laws, laws for incorporation, laws governing partnerships, and contract laws
Ordinances
Laws at the city, town or county levels
Bilateral treaties
A treat between two nations
Private Law
Law developed between two individuals
6 Sources of law
- Constitutional law
- Federal Statutory Law
- State Statutory Law
- Local Laws of Cities Counties and Townships
- Private Laws
- Court Decisions
The Theory of The Protection of Individuals and Relationships
The Theory that our interactions with each other constitute the foundation of law
Constitutions
The law of the people; changed only by lengthier and more demanding procedures than those used to repeal statutes
The Theory of The Social Contract
The theory that law exists as the result of those who happen to be in power, that there is a social contract that we mutually honor
Treaty
An agreement between or among nations on a subject of international law signed by the leaders of the nations and ratified by the nation’s governing bodies
Executive Orders
Laws of the executive branch of the federal government and dealing with those matters under direct control of that branch
Act of state doctrine
A theory that protects governments from reviews of their actions by courts in other countries
1st Source of law
Constitutional Law
2nd Source of Law
Federal Statutory Law
3rd Source of Law
State Statutory Law
4th Source of Law
Local Laws of Cities Countries and Townships
5th Source of Law
Private Laws
6th Source of Law
Court Decsions
1st Characteristic of Law
Flexibility
2nd Characteristic of Law
Consistency
3rd Characteristic of Law
Pervasiveness
1st Purpose of the Law
Keeping order
2nd Purpose of the Law
Influencing conduct
3rd Purpose of the Law
Honoring expectations
4th Purpose of the Law
Promoting equality
5th Purpose of the Law
Compromising disputes
