Chapter 1: Law and Legal Reasoning Flashcards
What does law supposedly consist of?
consists of enforceable rules governing relationships among individuals and between individuals and their society. they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group.
Must businessmen only think about their liability?
Businesspersons must develop critical-thinking and legal reasoning skills so that they can evaluate how various laws might apply to a given situation and determine the best course of action.
What does liability mean?
The state of being legally responsible (liable) for something, such as a debt or obligation.
What are the four primary sources of law?
The U.S. Constitution and the constitutions of the various states.
Statutory law—including laws passed by Congress, state legislatures, and local governing bodies.
Regulations created by administrative agencies, such as the federal Food and Drug Administration.
Case law (court decisions)
Secondary sources of law
A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.
Constitutional law
The body of law derived from the U.S. Constitution and the constitutions of the various states. deals with the fundamental principles by which the government exercises its authority
Statutory Law
Laws enacted by legislative bodies at any level of government, such as the statutes passed by Congress or by state legislatures
What are Local Ordinances?
regulations passed by municipal or county governing units to deal with matters not covered by federal or state law. Ordinances commonly have to do with city or county land use (zoning ordinances), building and safety codes, and other matters affecting only the local governing unit.
What is the NCCUSL and when was it created?
In 1800, it was difficult for businessmen to conduct business across State lines. So a group of legal scholars and lawyers created the National Conference of Commissioners on Uniform State Laws in 1892 to draft uniform laws or “model statutes” for states to consider adopting.
What is the UCC
The Uniform Commercial Code was created through the joint efforts of the NCCUSL and the American Law Institute. The UCC was first issued in 1952 and has been adopted in all fifty states, the District of Columbia, and the Virgin Islands.
The UCC facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions. Because of its importance in the area of commercial law, we cite the UCC frequently in this text. From time to time, the NCCUSL revises the articles contained in the UCC and submits the revised versions to the states for adoption.
What does administrative law consist of?
Rules, ordinances, standards, or decisions of administrative agencies such as the FDA and EPA.
What are federal agencies?
At the national level, numerous executive agencies exist within the cabinet departments of the executive branch. The Food and Drug Administration, for example, is an agency within the U.S. Department of Health and Human Services. Executive agencies are subject to the authority of the president, who has the power to appoint and remove their officers.
When does the executive have less power over an agency?
There are also major independent regulatory agencies at the federal level, including the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Communications Commission. The president’s power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause.
Do federal agency regulations preempt state agency regulations?
Just as federal statutes take precedence over conflicting state statutes, so do federal agency regulations take precedence over conflicting state regulations. Because the rules of state and local agencies vary widely, we focus here exclusively on federal administrative law.
What is enabling legislation?
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
