Chapter 1 - Legal Foundations Flashcards
Jurisprudence
The science and philosophy of law that defines various approaches to the appropriate function of law and how legal doctrines should be developed and applied.
Counsel
Another name for an attorney.
Black’s Law Dictionary
The leading legal dictionary.
Constitutional Law
The body of law interpreting state and federal constitutions.
Statutory Law
The body of law created by the legislature and approved by the executive branch of state and federal governments.
Common Law
Law that has not been passed by the legislative, but rather is made by the courts and is based on the fundamentals of previous cases with similar facts.
Administrative Law
Law made by government administrative agencies.
Ordinances
Local statutes passed by local legislative.
Statutory Scheme
The structure of a statute and the format of its mandates.
Legislative History
The records kept by the legislature including the debates, committee and conference reports, and legislative findings of the fact used when creating a law, which can be used to show the legislature’s intent.
Citation
The special format used by the legal community to express where a statute or case law can be found.
Precedent
When courts apply the law of a previous case to current cases with similar facts.
Remedies
Judicial actions, which can be monetary or equitable, taken by courts that are intended to compensate an injured party in a civil lawsuit.
Law
A body of rules of action or conduct prescribed by controlling authority, and having legal binding force.
Equitable Relief
A type of remedy, including injunctions and restraining orders, that is designed to compensate a party when money alone will not do, but instead forces the other party to do (or not do) something.