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.
Equitable Maxims
Common laws rules that guide courts in deciding cases and controversies and are intended to be broad statements of rules based on notions of fairness and justice.
Doctrine of State Decisis
The principle that similar cases with similar facts under similar circumstances should have a similar outcomes.
Case Precedent
The opinion of an appellate court, which is binding on all trial courts from that point in time onward so that any similar case would be decided according to the precedent.
Secondary Sources
Sources of law that have no independent authority or legally binding effect, but can be used to illustrate a point or clarity a legal issue.
Restatements in the Law
A collection of uniform legal principles focused in a particular area of the law, which contains statements of common law legal principles and rules in a given area of law.
Model State Statutes
Statutes drafted by legal experts to be used as a model for state legislatures to adopt in their individual jurisdictions in order to increase the level of uniformity and fairness across courts in all states.
Civil Laws
Laws designed to compensate parties for money lost as a result of another’s conduct.
Damages
Money lost as a result of another’s conduct.
Criminal Laws
Laws designed to protect society, which results in penalties to violator such as fines or imprisonment.
Substantive Laws
Laws that provide individuals with rights and create certain duties.
Procedural Laws
Laws that provide a structure and set out rules for pursuing substantive rights.
Public Laws
Laws derived from a government entity.
Private Laws
Laws recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.
