Chapter One Flashcards
Law
Enforceable rules governing relationships and between Societies
Law establishes
Rights
Duties
Privileges that are consistent with the values and beliefs of a society or its ruling group
Primary sources of law
Constitutions Statutory law Administrative law Case law Executive orders
Case Law
The doctrine and principals of law announced in cases
Common law
Judge made law
International Law
applies to more than one nation. body of unwritten laws, increasingly more important, government can’t enforce.
Constitutional law
Both federal and state constitutions
Constitutional law generally
is the supreme source of law
Constitutional law establishes
branches of government
- Execuitive
- Legislative
- Judical
Case Law governs
all areas not covered by statutory law or administrative law and is part of our common law tradition
Common Law is based
on rules made by state court judges in civil cases
Stare decisis
deciding new cases with reference to former decisions, or precedents.
Classifications of law
- Public law
- Private law
Public law
relationship between members of society and government.
Public law example
anti-trust law and criminal law (primarily statutory and administrative law)
Private Law
Relationship between members of society
Private law example
contract law, property law, landlord-tenant and corporation law (primarily common law)
Civil law
deals with private or public wrongs or rights between people as opposed to criminal law
Civil law examples
contract, real estate, divorce, probate case
Breach
the failure to perform a legal obligation
Areas of the law that may affect buisness decision making
- contracts
- sales
- negotiable instruments
- creditors rights
- intellectual property
- e-commerce
- product liability
- torts
- agency
- buisness organizations
- professional liability
- courts and court procedures
statutory law
- federal
- state
- local
statutory law local
passed by city counsel
statutory law state
state house signed by governor
administrative law
state and federal
constitutional law definition
the body of law derived from the US constitution and the constitutions of the various states
secondary source of law
a publication that summarizes or interprets the law, such as legal encyclopedia, a legal treatise, or an article in a law review
primary source of law
a document that establishes the law on a particular issue, such as constitution, a statute, an administrative rule, or a court decision
Common law
developed over time
statutory law
the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
citation
a reference to publication in which a legal authority- such as a statute or a court decision- or other source can be found
ordinance
a regulation enacted by a city or county legislative body that becomes part of that states statutory law.
uniform law
a model law created by the national conference of commissioners on uniform state laws and/or the American law institute for the states to consider adopting. each state has the option of adopting or rejecting all or part of a uniform law. If a state adopts the law, it becomes statutory law in that state.
administrative law definition
the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
Case Law Definition
the rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.
Common Law
the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature.
Precedent
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
states and uniform law
only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.
Curiae Regis
early english court also know as kings court, sought to establish a uniform set of rules for the country as a whole.
year books
beginning in the late thirteen and early fourteenth century portions of significant decisions from each year were gathered together and recorded in year books.
Stare Decisis definition
a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
binding authority
any source of law that a court must follow when deciding a case. binding authority include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction
departure from precedent case
Brown vs board of education of topeka
Brown vs board of education of topeka
the united states supreme court expressly overturned precedent when it concluded that separate educational facilities for whites and blacks, which had been upheld as constitutional in numerous previous cases were inherently unequal.
persuasive authority
any legal authority source of law that a court may look to for guidance but on which it need not rely in making its decision. persuasive authorities include cases from other jurisdictions and secondary sources of law
remedy
the relief given to an innocent part to enforce a right to compensate for the violation of a right
plaintiff
one who initiates a lawsuit
defendant
one against whom a lawsuit is brought; the accused person in a criminal proceeding
equitable principles and maxims
general propositions or principles of law that have to do with fairness (equity)
jurisprudence
the science or philosophy of law
natural law
the belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one the more significant schools of legal thought
statute of limitations
a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Courts of law
in the early english courts, if one person wronged another.
remedies of law
In the early english courts. the remedies awarded from courts of law
Equity
is a branch of law, founded on what might be described as notions of justice and fair dealing, that seeks to supply a remedy when no adequate remedy is available
Chancellor
When inidividuals could not obtain an adequate remedy in a court of law, they petitioned the king for relief. most of the were decided by an advisor to the king (chancellor)
court of equity: Specific performance
an order to perform what was promised
court of equity: injunction
directing a party to do or refrain from doing a particular act.
court of equity: rescission
(cancellation) of the contract, thereby returning the parties to the positions that they held prior to the contracts formation.
Initiation of a lawsuit: Action at law
by filing a complaint
initiation of a lawsuit: Action in equity
by filing a petition
decision: action at law
by jury or judge
decision: action in equity
by judge (no jury)
result: action at law
judgement
result: action in equity
decree
remedy: action at law
monetary damages
remedy: action in equity
injunction, specific performance, or rescission
legal positivism
a school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy
Judges from school of legal positivism
probably would be more inclined to defer to an existing law than would a judge who adheres to the natural law tradition
historical school
a school of legal thought that emphasizes the evoultionary process of law and looks to the past to discover what the principles of contemporary law should be
judges from historical school
adhere strictly to decisions made in the past cases
legal realism
a school of thought of the 1920’s and 1930’s that generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. This school left a lasting imprint on American Jurisprudence.
sociological school
a school of legal thought that views the law as a tool for promoting justice in society
substantive law
law that defines, describes, regulates, and creates legal rights and obligations
procedural law
law that establishes the methods of enforcing the rights established by substantive law
cyber law
an infromal term used to refer to all laws governing electornic communications and transactions, particularly those conducted via internet
Civil law
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters
civil law systems
a system of law derived from that of the Roman Empire and based on a code rahter than case law; the predominant system of law in the nations of continental europe and the nations that were once their colonies
criminal law
law that defines and governs actions that constitute crimes. generally, criminal law has to with wrongful actions committed against society for which society demands redress.
national law definition
law that pertains to particular nation (as opposed to international law)
international law definition
the law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations that are generally considered to be the most important sources of international law.
National law
laws of a nation, government authorities can enforce
executive orders
president and governor
administrative agencies notes
administrative agencies combine functions normally divided among the three branches of government into
administrative agencies affect
virtually every aspect of a buisness operation including capital structure, financing, hiring, firing, relations with employees, labor unions. ect.
