Exam 1 Flashcards
What is the law?
Law defines what is legally right and wrong
-The law establishes rules that govern society
Sources of American Laws
-Constitutions: US and State constitutions
- Statutory Laws: US, State, Local Laws
-Regulations: Created by administrative agencies
-Case Law/Common Law Doctrine: Federal and State case law
Constitutions
establish organization, powers, limits of the government
State Constitutions
Create state governments, highest form of law within states
Types of statutory laws:
-Federal Statutory Law
-State statues
-Local/Municipal
Administrative Law
Rules, orders, decisions or decrees issued by administrative agency
Types of administrative bodies:
-Executive Agencies-Answer to president/governor
-Regulatory Agencies-Answer to generally to a board or commissioner appointed for a fixed term
-SEC and FCC
Common law:
Common law is based upon old English law
Legal Terms
-Plaintiff/Petitioner: Bring the action
-Defendant/Respondent-Party being sued
-Laches: Defenses raised by respondent (SOL)
-Stare decisis: Doctrine of precedent, under which a court must follow earlier decisions when the same facts/law appear
-Legal Precedent: Is a court decision that is considered controlling on facts or legal issues
-Jurisdiction: The power to make egal decisions and judgements
Concept of Stare Decisis
General principle: Judges must follow precedents
Two main aspects:
-Court should not overturn its precedent absent a really good reason to do so
-Decisions by higher courts are binding
Legal Reasoning – IRAC
-Issue: What is the case or controversy about?
-Rule: What rule of law will apply?
-Application: Applying the rule of law to facts and circumstances giving rise to the controversy
-Conclusion: Decision
Legal Reasoning: Things to consider
-Generally, decisions are not black and white
(Both sides are usually somewhat convincing)
-Laws/Statutes can be flexibly interpreted
-Personal beliefs/moral philosophy can play a role, judges are still human and have biases
Classifications of Law
Substantive and Procedural
Substantive:
Defines and creates legal rights and obligations
Procedural:
Methods of enforcing the rights established
Federal VS Private Laws
-Public addresses the relationship between person and government
-Private address relationships between private entities
Types of decisions:
-Unanimous Decision
-Majority Opinion
-Concurring Opinion
-Dissenting Opinion
-Plurality Opinion
Unanimous Decision:
All justices agree on law and facts presented
Majority Opinion:
Outlines the rational of the judges that decided the case
Concurring Opinion:
Outlines the rational of the judges agreeing on the ultimate outcome but not the majority’s legal reasoning
Dissenting Opinion:
Outlines the rational on why the justices disagree with the majority’s opinion
Plurality Opinion:
Unable to get a majority
Article 4 section 2:
Citizens in each state are entitled to enjoy the privileges as immunities of all the states
-Can NOT discriminate (Property, employment, court system)
Checks and Balances system
-Legislature enacts laws, but require executive approval