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.