Legal Definitions Flashcards
Ethics
Rules imposed by a group/ profession that are specific to that profession and are enforced by that profession (not enforced by the government)
Represent what “ought to be” whereas laws are what “must be”
Mores
Customs of what is normal in society
Enforced by social pressure not gov
Mores are for EVERYONE whereas ethics are SPECIFIC to a group
Constitution
Highest form of law
Broad statement of powers of the gov and its branches
All other laws must be consistent with it
Treaty
2nd highest form of law (must be approved on national level) and overrides all laws but Constitution
An agreement b/w or among nations
Statutes
Laws enacted by Congress on the federal level or by legislature at the state level
Regulations
Rules to fulfill statutory policies and procedures
Ex: rules that the TX state board puts forth to enforce statutes about drugs
Administrative laws
Includes all the regulations that govern the relationship b/w the gov and some regulated profession or industry
Judicial or case law
Laws derived from judicial decisions (court) or interpretations of statutes and regulations
Used by lawyers to help estimate how the court will rule
Stare decisis
Important principle of judicial law
Literally translated to “the decision stands”
Limitation: a prior decision is only binding in courts of the same jurisdiction
Criminal law
Defines the limitations b/w individual and society (break a law –> go to court)
More serious than civil court
Civil law
Pertains to the relationships among individuals in society
How we co-exist with each other (but there are times when a case can be both civil and criminal in nature)
Ex. people suing each other in court
Contract law
deals with duties that individuals have b/c they entered into an agreement
Tort law
deals with duties created by law, not duties created by parties themselves/ an agreement
Ex: pharmacist has a duty to dispense the right drug
