Chapter 1 - Law and Legal Reasoning

Question 1

Liability

Answer 1

Definition - legally responsible (liable) for something.

ex. debt, obligation

Question 2

Primary Sources (of Law)

Answer 2

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

Question 3

Secondary Sources (of Law)

Answer 3

Definition - books and articles that summarize and clarify primary sources of law.

• Legal Encyclopedias (AmJur)
• Treatises
• Law Review Journal
• Restatements (Compilations of Law)

Question 4

Constitutional Law

Answer 4

Definition - supreme law of the land.

Question 5

Statutory Law

Answer 5

Definition - body of law enacted by legislative bodies.

• Federal Statutes (Congress)
• State Statutes (State Legislatures)

Question 6

Ordinances

Answer 6

Definition - law passed by local governing unit.

ex. city, county

• Land Use (Zoning)
• Building and Safety Codes
• Other Matters (affect local communities)

Question 7

Uniform Law

Answer 7

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.

Question 8

The Uniform Commercial Code (UCC)

Answer 8

Definition - facilitates commerce among states by providing uniform and flexible rules governing commercial transactions.

Question 9

Administrative Law

Answer 9

Definition - created by administrative agencies to carry out their duties and responsibilities.

Question 10

Administrative Agency

Answer 10

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.)

Question 11

Executive Agency

Answer 11

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.

Question 12

Independent Regulatory Agency

Answer 12

Definition - administrative agency not part of government’s executive branch (not subject by President).

• Federal Trade Commission (FTC)
• Securities and Exchange Commission (SEC)

Question 13

Case Law

Answer 13

Definition - the rules of law announced in court decisions.

Interprets:

• Statutes
• Regulations
• Constitutional Provisions
• Other Case Law

Question 14

Common Law Doctrine

Answer 14

Definition - American Law based on English legal system.

Question 16

Court of Law

Answer 16

Definition - a court which the only remedies granted are things of value.

ex. Money Damages

Question 17

Remedies at Law

Answer 17

Definition - a remedy available in a court of law.

ex. Damages

Question 17

Damages

Answer 17

Definition - monetary award sought as remedy for a breach of contract or a tortious act.

• Remedies at Law

Question 18

Court of Equity

Answer 18

Definition - decides controversies according to rules, principles, and precedents of equity.

Question 19

Equitable Maxims

Answer 19

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.

Question 20

Stare decisis

Answer 20

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.

Question 21

Jurisdiction

Answer 21

Definition - geographic area in which courts have the power to apply the law.

Question 22

Legal Stability

Answer 22

Definition - helps courts be more efficient (makes law more stable and predictable).

Question 23

Precedent

Answer 23

Definition - a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Question 24

Controlling Precedents

Answer 24

Definition - precedents that must be followed within jurisdictions.

Question 25

Binding Authority

Answer 25

Definition - any source of law that a court must follow when deciding a case.

• Constitutions
• Statutes
• Regulations
• Court Decisions

Question 26

Persuasive Authority

Answer 26

Definition - any legal authority or source of law that a court may look to for guidance but not need to follow when making decisions.

• Precedents from other jurisdictions
• Legal principles and policies
• Issues of fairness, social values, public policy
• Unpublished opinions

Question 27

Legal Reasoning

Answer 27

Definition - the process of reasoning by which a judge harmonizes their opinion with the judicial decisions in previous cases.

Question 28

Case on Point

Answer 28

Definition - a previous case involving factual circumstances and issues that are similar to those in the case before the court.

Question 29

IRAC

Answer 29

• Issue (key facts)
• Rule (rule of law applied)
• Application (how does rule apply to facts/circumstances)
• Conclusion (conclusion drawn)