Chapter 1 - Law and Legal Reasoning Flashcards
Administrative Agency
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment
Administrative Law
The body of law created by administrative agencies in order to carry out their duties and responsibilities
Allege
To state, recite, assert, or charge.
Appellant
The party who takes an appeal from one court to another
Appellee
The party against whom an appeal is taken- that is, the party who opposes setting aside or reversing the judgement.
Binding Authority
Any source of law that a court must follow when deciding a case
Breach
To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society
Case Law
The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law.
Case on Point
A previous case involving factual circumstances and issues that are similar to those in the case before the court.
Citation
A reference to a publication in which a legal authority - such as a stature or a court decision - or other source can be found.
Civil Law
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Common Law
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Concurring Opinion
A court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion
Constitutional Law
Law that is based on the U.S. Constitution and the constitutions of various states
Court of Equity
A court that decides controversies and administers justice according to the rules, principles, and precedents of equity
Court of Law
A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king’s courts, courts of law were distinct from courts of equity
Criminal Law
The branch of law that defines and punishes wrongful actions committed against the public
Cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
Damages
A monetary award sought as a remedy for a breach of contract or a tortious act
Defendant
One against whom a lawsuit is brought, or the accused person in a criminal proceeding.
Defense
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking
Dissenting Opinion
A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision
Equitable Maxims
General propositions or principles of law that have to do with fairness (equity).
Executive Agency
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet of departments
Historical School
A school of legal thought that looks to the past to determine what the principles of contemporary law should be
Independent Regulatory Agency
An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without just cause.
Jurisprudence
The science or philosophy of law.
Laches
The equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.
Law
A body of enforceable rules governing relationships among individuals and between individuals and their society
Legal Positivism
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
Legal Realism
A school of thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account.
Legal Reasoning
The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.
Liability
The state of being legally responsible (liable) for something, such as a debt or obligation.
Majority Opinion
A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.
Natural Law
The oldest school of legal thought, based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.
Opinion
A statement by a court expressing the reasons for its decision in a case
Ordinance
A law passed by a local governing unit, such as a city or a county
Persuasive Authority
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.
Per Curiam Opinion
By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice.
Petitioner
In equity practice, a party that initiates a lawsuit.
Plaintiff
A party that initiates a lawsuit
Plurality Opinion
A court opinion that is joined by the largest number of the judges or justices hearing the case, but fewer than half of the total number.
Precedent
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Procedural Law
Law that establishes the methods of enforcing the rights established by substantive law
Remedy
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
Remedy at Law
A remedy available in a court of law. Money damages are awarded as a remedy at law.
Remedy in Equity
A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity include injunction, specific performance, rescission and restitution, and reformation.
Reporter
A publication in which court cases are published, or reported
Respondent
In equity practice, the party who answers a complaint or proceeding
Sociological School
A school of legal thought that views the law as a tool for promoting justice in society
Stare Decisis
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Statute of Limitatons
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Statutory Law
The body of Law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
Substantive Law
Law that defines, describes, regulates, and creates legal rights and obligations.
Uniform Law
A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment
Administrative Agency
The body of law created by administrative agencies in order to carry out their duties and responsibilities
Administrative Law
To state, recite, assert, or charge.
Allege
The party who takes an appeal from one court to another
Appellant
The party against whom an appeal is taken- that is, the party who opposes setting aside or reversing the judgement.
Appellee
Any source of law that a court must follow when deciding a case
Binding Authority
To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society
Breach
The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law.
Case Law
A previous case involving factual circumstances and issues that are similar to those in the case before the court.
Case on Point
A reference to a publication in which a legal authority - such as a stature or a court decision - or other source can be found.
Citation
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Civil Law
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Common Law
A court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion
Concurring Opinion
Law that is based on the U.S. Constitution and the constitutions of various states
Constitutional Law
A court that decides controversies and administers justice according to the rules, principles, and precedents of equity
Court of Equity
A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king’s courts, courts of law were distinct from courts of equity
Court of Law
The branch of law that defines and punishes wrongful actions committed against the public
Criminal Law
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
Cyberlaw
A monetary award sought as a remedy for a breach of contract or a tortious act
Damages
One against whom a lawsuit is brought, or the accused person in a criminal proceeding.
Defendant
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking
Defense
A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision
Dissenting Opinion
General propositions or principles of law that have to do with fairness (equity).
Equitable Maxims
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet of departments
Executive Agency
A school of legal thought that looks to the past to determine what the principles of contemporary law should be
Historical School
An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without just cause.
Independent Regulatory Agency
The science or philosophy of law.
Jurisprudence
The equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.
Laches
A body of enforceable rules governing relationships among individuals and between individuals and their society
Law
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
Legal Positivism
A school of thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account.
Legal Realism
The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.
Legal Reasoning
The state of being legally responsible (liable) for something, such as a debt or obligation.
Liability
A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.
Majority Opinion
The oldest school of legal thought, based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.
Natural Law
A statement by a court expressing the reasons for its decision in a case
Opinion
A law passed by a local governing unit, such as a city or a county
Ordinance
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.
Persuasive Authority
By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice.
Per Curiam Opinion
In equity practice, a party that initiates a lawsuit.
Petitioner
A party that initiates a lawsuit
Plaintiff
A court opinion that is joined by the largest number of the judges or justices hearing the case, but fewer than half of the total number.
Plurality Opinion
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Precedent
Law that establishes the methods of enforcing the rights established by substantive law
Procedural Law
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
Remedy
A remedy available in a court of law. Money damages are awarded as a remedy at law.
Remedy at Law
A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity include injunction, specific performance, rescission and restitution, and reformation.
Remedy in Equity
A publication in which court cases are published, or reported
Reporter
In equity practice, the party who answers a complaint or proceeding
Respondent
A school of legal thought that views the law as a tool for promoting justice in society
Sociological School
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Stare Decisis
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Statute of Limitatons
The body of Law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
Statutory Law
Law that defines, describes, regulates, and creates legal rights and obligations.
Substantive Law
A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.
Uniform Law
