Intro Exam Flashcards
Constitutional Law
Law as expressed in the constitution
Supreme law of the land
State constitutions are supreme to state as long as they don’t violate the US constitution
Constitution of Virginia
A declaration of rights made by the good people of Virginia in the exercise of the sovereign power, which rights do pertain to them and to their posterity, as the basis and foundation of government
Statutory Law
Laws or ordinances created by federal, state, and local legislatures and governing bodies.
None of these laws can violate the U.S. Constitution or the relevant state constitutions.
Uniform laws, when adopted by a state legislature, become statutory law in that state.
Administrative Law
The rules, orders, regulations, and decisions of federal, state, or local government administrative agencies
.
Federal administrative agencies are created by enabling legislation enacted by the U.S. Congress.
Agency functions include:
Rulemaking.
Investigation and enforcement.
Adjudication.
Case Law and Common Law Doctrines
Judge-made law, including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies.
The common law, the doctrines and principles embodied in case law, governs all areas not covered by statutory law or agency regulations issued to implement various statutes.
Common Law About
Came from england
Law from decisions and customs
Not legislation
Stare Decisis
To stand on decided cases
Binding Authority
○ Any source of law that a court must follow when making a decision
Case of first impression
○ Court has never heard this before
Persuasive authority
○ Possibly looking to another states laws for guidance
○ The court does not have to do this
Remedies at Law
Money Property land or something of value
Remedies in equity
Remedies that are granted when the remedies at law are unavailable or inadequate.
“The one and only social responsibility of business is to increase its profits.”
Milton Freidman
“The business of business is serving society, not just making money.”
Dayton Hudson corporate constitution
Moral Minimum
The degree of ethical behavior expected from a firm
