Chapter 1: Introduction To Law & Legal Reasoning Flashcards
Define “natural law.”
A law that appeals to a “higher source” for its existence. Moral/ethical/spiritual
What is the definition of “law”?
Rules that govern a society.
Name the sources of law.
- U. S. Constitution
- Statutes (passed by legislature)
- Administrative Agencies - rules
- Court decisions - Common Law
What is an administrative agency?
An organization created by a statute for the purposeful overseeing some area of human activity.
How did Common Law originate?
Based upon English system which dates back to 1066. King established 2 court systems:
A. Courts of Law - $ damages as remedy, juries permitted
B. Equity Courts - Other remedies, no juries
Today is U.S.: Most states have only 1 court, that can give both remedies.
What is the Doctrine of stare decisis?
Early court decisions (where there was no statute)
What is a legal precedent?
A rule that would be followed in future disputes/lawsuits.
Explain “Case of First Impression.”
Cases for which no precedent exists. (10)
When a decision is overturned, what has happened?
The decision has been reversed or invalidated.
What is a “Binding Authority”?
Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction. (G-4)
What is a “Persuasive Authority”?
Persuasive authority means sources of the law that the court consults in deciding a case. It may guide the judge in making the decision in the instant case, but it is not a binding precedent on the court under common law legal systems such as English law. Persuasive precedent may come from a number of different sources such as lower courts, horizontal courts, foreign courts, treatise, or law reviews. (US Legal.com)
Explain the legal approach.
- Issue
- Rule
- Application
- Conclusion
(10)
What is Civil Law?
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
What is Criminal Law?
Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress. (G-10)
How do you find a case?
Look at the citation
Case title: Plaintiff vs defendant
On appeal: Appellant vs appellee
