Chapter 1 - Law and Legal Reasoning Flashcards
Liability
Definition - legally responsible (liable) for something.
ex. debt, obligation
Primary Sources (of Law)
Definition - sources that establish the law.
- U.S. and State Constitutions
- Statutory Law (Federal / State / Local)
- Regulations by Administrative Agencies
- Case Law and Common Law Doctrine
Secondary Sources (of Law)
Definition - books and articles that summarize and clarify primary sources of law.
- Legal Encyclopedias (AmJur)
- Treatises
- Law Review Journal
- Restatements (Compilations of Law)
Constitutional Law
Definition - supreme law of the land.
Statutory Law
Definition - body of law enacted by legislative bodies.
- Federal Statutes (Congress)
- State Statutes (State Legislatures)
Ordinances
Definition - law passed by local governing unit.
ex. city, county
- Land Use (Zoning)
- Building and Safety Codes
- Other Matters (affect local communities)
Uniform Law
Definition - a model created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for state to consider adopting.
The Uniform Commercial Code (UCC)
Definition - facilitates commerce among states by providing uniform and flexible rules governing commercial transactions.
Administrative Law
Definition - created by administrative agencies to carry out their duties and responsibilities.
Administrative Agency
Definition - a federal or state government agency created by legislature to perform a specific function.
ex. Environmental Protection Agency
- Impacts Businesses (capital, financing, hiring, relations and unions, market, etc.)
Executive Agency
Definition - administrative agency within executive branch of government (subject by President).
- U.S. Food and Drug Administration (FDA) within U.S. Department of Health and Human Services.
Independent Regulatory Agency
Definition - administrative agency not part of government’s executive branch (not subject by President).
- Federal Trade Commission (FTC)
- Securities and Exchange Commission (SEC)
Case Law
Definition - the rules of law announced in court decisions.
Interprets:
- Statutes
- Regulations
- Constitutional Provisions
- Other Case Law
Common Law Doctrine
Definition - American Law based on English legal system.
Court of Law
Definition - a court which the only remedies granted are things of value.
ex. Money Damages
Remedies at Law
Definition - a remedy available in a court of law.
ex. Damages
Damages
Definition - monetary award sought as remedy for a breach of contract or a tortious act.
- Remedies at Law
Court of Equity
Definition - decides controversies according to rules, principles, and precedents of equity.
Equitable Maxims
Definition - general propositions or principles of law that have to do with fairness (equity).
1) Whoever seeks equity must do equity.
2) Where there is equal equity, the law must prevail.
3) One seeking the aid of an equity court must come to the court with clean hands.
4) Equity will not suffer a wrong to be without a remedy.
5) Equity regards substance rather than form.
6) Equity aids the vigilant, not those who rest on their rights.
Stare decisis
Definition - a common law doctrine which judges are obligated to follow the precedents established in prior decisions.
“Let the Decision Stand”
1) Court should not overturn own precedents unless their is a compelling reason.
2) Decisions made by higher courts are binding on lower courts.
Jurisdiction
Definition - geographic area in which courts have the power to apply the law.
Legal Stability
Definition - helps courts be more efficient (makes law more stable and predictable).
Precedent
Definition - a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Controlling Precedents
Definition - precedents that must be followed within jurisdictions.
