Chapter one Flashcards by Alicia Bowens

Sources of American Law

Primary and Secondary

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Primary Source

U.S Consitution
Statutory Law
Regulations
Case and Common Law Doctrines

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Statutory Law

Passed by Congress state legislatures or local governing bodies
Federal: passed by Congress (applies to all states)
State: Passed by state legislature (only applies in state borders)

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Regulations

Created by administrative agencies

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Constitutional Law

Supreme law of the land (each state has its own constitution unless it conflicts with the federal constitution, supreme in its borders)

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Ordinances

laws passed by local government

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Uniform Law

a model law created by the National Conference of Commissioners and/or American Law Institute for states to adopt or reject

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Uniform Commercial Code (UCC)

facilitates commerce among states by providing a uniform yet flexible set of rules governing commercial transactions

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Administrative Law

Body of law created by administrative agencies to carry out their duties

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Case Law

The rules of law announced in court decisions

interprets:
statutes
regulations
constitutional provisions
other case law

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Common Law

unwritten laws based on legal precedents established by the courts

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Precedent

court decision that furnishes an example of authority for deciding subsequent cases

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stare decisis

common law doctrine where judges are obligated for follow precedents established within their juisdiction

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Persuasive Authority

Legal authority or source of law that a court may look to for guidance

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Legal Reasoning

Process of reasoning by which a judge harmonizes his opinion with judicial decisions in previous cases

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IRAC

Issue
Rule
Action
Conclusion

Jurisprudence

Science or philosophy of law

Natural Law School

Oldest school of legal thought based on belief that legal system should reflect “higher” moral or ethical principles

Positivist School

Centered on the assumption that there is no law higher than those created by natural government (case law or common law)

Historical school

The study of how law has evolved and why its changed

Legal Realism School

law derives from prevailing social interests and public policy, as opposed to purely formalistic legal considerations. Judges have different personalities, values, and intellects they will bring different reasoning to the same case.

Sociological School

Law is a tool for promoting justice in society

Classifications of Law

Substantive - defines and regulates legal rights and obligations
Procedural - establishes methods of enforcing the rights established by substantive law

Areas of law that affect business decision-making

contracts
intellectual property
torts
product liability
sales
internet laws, social media and privacy
environmental and sustainable law

regulations govern

capital structure and financcng hiring and firing procedures relations with employees and unions how business manufactures and markets it products

Federal agencies

executive agencies: within the executive branch of government independent regulatory agencies

Remedy

relief given to an innocent party to enforce a right or compensate for violation of right

court of law

court of which only remedies that can be cranted are things of value, like money damages

remedies at law

a remedy available in court

remedies in equity

a remedy allowed in court when remedies at law are not appropriate like an injunction

equitable maxims

principles of law that have to do with fairness

Laches

doctrine that bars a partys right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights

Binding authority

any source of law that must follow when deciding a case

civil law

dealing with the definition and enforcement of all private and public rights

criminal law

defines and punishes wrongful actions committed against the public

concurring opinion

opinion by one or more judges who agree with the majority but when to make a point that was not made

dissenting opinion

opinion of one or more judges that disagree with the majority

plurality

opinion joined by largest number of judges hearing the case but fewer than half the total number

per curiam opinion

opinion written by court as a whole not just judge