U.S. Legal System Flashcards
law
body of rules of actions or conduct prescribed by controlling authority & having legal binding force
criminal law
to protect society; violation results in penalties to violator
civil law
compensate parties for losses as a result of another’s conduct
substantive law
provide individuals with rights and create duties
procedural law
set a structure and rules for pursuing substantive rights
public law
governs and regulates relationship between individuals or entities and federal, state, and local government
private law
governs and regulates a legal relationship between 2+ parties absent a specific public law
jargon or legalese
legal terms
law serves as…
a catalyst by promoting good faith dealing among merchants + consumers and giving a degree of reliability
law ensures…
consistency and fairness
strategy
set of guide posts created to achieve an overall objective
categories of legal strategies
(1) noncompliance
(2) avoidance
(3) prevention
(4) value creation (legal competitive advantage)
counsel
another name for attorney
in-house counsel
“general counsel”
a team of multiple legal experts in larger companies
secretary
(corporate officer)
responsible for keeping records and complying with notice and voting requirements for board of directors
litigator
trial lawyer
True/False: Majority of companies rely on attorneys employed by law firms for legal needs.
True
primary sources
constitutional, statutory, common, and administrative (regulatory) law; can work independently or with one another
constitutional law
interprets state and federal constitutions; the supreme law of the land
How does constitutional law work with other sources of law?
(1) establishes structure for federal and state governments and sets rules for amending constitution
(2) grants specific powers for branches of government
(3) provides procedural protections for citizens from wrongful government actions
statutory law
created by legislature and approved by executive branch of state and federal governments
bill
a federal statute draft by Congress that hasn’t passed yet or had executive branch’s concurrence
ordinances
local laws made by governmental administrative agencies
administrative law
law made by government administrative agencies that authorize the exercise of authority by executive branch agencies and independent government agencies
What can administrative agencies do?
can impose regulations, make policy, and enforce law in their designated jurisdiction
common law
law that hasn’t been passed by the legislature, but rather is made by the courts and is based on the fundamentals of previous cases with similar facts
precedent
the notion of applying the law of a previous case to current cases with similar facts
What early courts do modern courts today combine for judicial action?
Courts of Law (applying exiting laws and rules strictly)
Courts of Equity (applying the rule of fairness when the application of technical rules creates injustice)
remedy
source of law that has no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue
secondary sources
sources of law that have no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue
What are two types of secondary sources?
Restatements of the Law and Model State Statutes
both provide commentary and examples to help guide courts in applying the law
Restatements of the Law
a collection of uniform legal principles focused in a particular area of law that contains statements of common law legal principles and rules in a given area of law
Model State Statutes
statutes drafted by legal experts to be used as a model for state legislatures to adopt in their individual jurisdictions in order to increase the level of uniformity and fairness across states
stare decisis
a principle that similar cases with similar facts under similar circumstances should have a similar outcomes
requires all lower courts to follow
case precedent (pt. 2)
an opinion of an appellate court, which is binding on all trial courts from that point in time onward so that any similar case would be decided according to the precedent
holding
the final decision the court has reached
