Chapter 1: Nature And Sources Of Law Flashcards
Law
The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them.
Made up of the body of principles that govern conduct and that can be enforced in courts or by administrative agencies
Right
Legal capacity to require another person to perform or refrain from an action
Always has a corresponding duty
Duty
An obligation of law imposed on a person to perform or refrain from performing a certain act
Always has a corresponding right
Right of privacy
The right to be free from unreasonable intrusion by others
Two components:
Right to be secure against unreasonable search and seizure: 4th amendment
Individual right for private life not to be subject to public scrutiny (row v. Wade)
Where are rights and duties derived from
Federal and state constitutions, statutes and regulations and local ordinances
SCA
Stored communications act
Constitutional Law
Law based off a constitution
Constitution: A body or principles that establishes the structure of a government and the relationships of the government to the people who are governed
The base of the framework of law in the US
US constitution and state constitution
Sources of law
Constitutional law Statutory law Administrative law Private law Case law, statutory interpretation and precedent Treaties and executive orders Uniform state laws
Statutory law
Legislative acts declaring, commanding, or prohibiting something.
(regulations enacted by a regulatory body)
Congress and state legislatures
Also city/county ordinances
Administrative regulations
Administrative law
Rules made by state and federal administrative agencies
SEC, EPA
Have the force of statutes
Private law
The rules and regulations parties agree to as part of their contractual relationships
Case law
Law that is found in judicial decisions
Three roles:
- clarifying the meaning of statutes/ providing statutory interpretation
- creating precedent
- developing common law
Stare decisis
“let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision or a similar case in the future
BUT previous decisions may be found to be incorrect
Common law
The body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts
Statutes may repeal or redeclare common law
Uniform state laws
To facilitate transactions between state lines
Drafted by the national conference of commissioners on uniform state laws (NCCUSL) for adoption by states
Includes Uniform Commercial Code (UCC)
And other acts (uniform electronic transactions act, uniform computer information transactions act
Classifications of law
Substantive law vs procedural law
Criminal law vs civil law
Law vs equity
Substantive law
Law that creates, defines and regulates rights and liabilities
Determines when a contract is formed
Procedural law
The law that must be followed in enforcing rights and liabilities
Specifies the steps
Criminal law
Laws that define wrongs against society
Violations carry fines and imprisonment penalties
Civil law
The laws that define the rights of one person against another
Violations carry damage remedies against the wronged individual
Equity
The body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England
Provides justice when the law does not offer adequate remedy or the law is unfair
May asked for both legal and equitable remedies in court
Equitable remedies stop the harm
Facebook vs Superior court
can social media platforms be forced to disclose private information regarding a criminal proceeding?
- yes, but there are many considerations, information must be relevant, depends on what privacy factors user put in place or if it was public posting and more
Louboutin vs Yves Saint Laurent
about equity - beyond simple financial remedy. Damages = lost sales but Louboutin wanted YSL to stop making red soled shoes
Court: YSL is prohibited from making shoes with red sole and contrasting upper but not red soles if monochrome shoes
