Chapter 5 Flashcards
System of principles and processes by which people in a society deal with their disputes and problems and seeks to solve or settle them without resorting to force
Laws
General rules of conduct enforced by government
Laws
Governs the relationships between individuals and government
Public law
Governs the relationships between individuals
Private law
Important part of public law which prohibits conduct deemed harmful to public order and provides punishments for those engaged in such conduct
Criminal law
Type of private law in which one party claims the wrongful conduct of another caused harm and the injured party seeks compensation for the harm suffered
Tort action
Type of private law involving a claim by one party that another party has breached an agreement by failing to fulfill an obligation
Contract action
Three basic sources of law
- Common law 2. Statutory law 3. Administrative law
Body of principles evolved and expanded from judicial decisions arising from the trial of court cases
Common law
A new legal principle established by a decision in a case; serves as a guide to be used by courts for the legal analysis of a particular problem
Precedent
Highest court with respect to federal legal questions
United States Supreme Court
Bans any further action involving the same claim once a competent court has rendered a verdict for it
Res judicata
Once a decision is made for a lawsuit similar lawsuits should be resolved the same way
Stare decisis
Written law created by federal and state legislators
Statutory law
Highest ranking enacted law in the U.S.
Constitution of the United States