Term
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Definition
| The boddy of rules and principles of conduct that are enforceable through sacntions |
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Term
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Definition
| Institutions and processes for enforcing the law |
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Term
| Legal system serves what 2 important functions for society |
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Definition
(1) § Government punishment of those who fail to conform to the rules of law that outline minimum socially acceptable standards of conduct
(2) § Resolution of disputes of private individuals (or entities) who cannot resolve the disputes on their own |
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Term
| Laws impact on businesses |
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Definition
| Both restricts and facilitates operations |
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Term
| T/F Businesses have little effect on the development of law |
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Definition
| False - Businesses do impact the developement of law |
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Term
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Definition
| principles of right, good, and fairness |
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Term
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Definition
| systems of moral standards and beliefs, that address the most fundamental issues of social conduct, such as honesty, loyalty, fair treatment of others, and respect for human life and dignity |
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Term
| What are ethics developed from? |
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Definition
| Norms, beliefs, and values |
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Term
| T/F Ethics are imposed by an external governing body. |
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Definition
| False - Ethics are not imposed or enforced by an external authority (such as a government) |
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Term
| Difference between law and ethics |
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Definition
(1) Law: Society imposes and enforces legal standards of conduct applicable to all of its members
(2) o Ethics: individuals develop and apply their own moral standards of conduct |
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Term
| What is the are the opinions of businesspeople with regards to ethics in the business world? |
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Definition
(1) o Many businesspeople believe that establishing standards of commercial conduct is the responsibility NOT of business but of the government through its power to make laws
(2) o Other people believe that the common good is best served by strict adherence to the free market theory of competition
(3) o More recently people are realizing businesses are social as well as economic entitites |
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Term
| What two categories mayt law be classified as? |
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Definition
| Procedural or Substantive |
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Term
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Definition
| law that defines the rights to which a person is entitled and the duties a person is obligated to perform |
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Term
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Definition
| law that establishes the mechanisms to enforce the rights and duties created by substantive law |
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Term
| T/F Substantive Law and Procedural law are both Interdependent and Complimentary |
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Definition
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Term
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Definition
| consists of principles and rules that protect society as a whole by establishing certain minimum standards of acceptable conduct and punishing those who fail to meet those standards |
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Term
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Definition
| consists of principles and rules that protect society as a whole by establishing certain minimum standards of acceptable conduct and punishing those who fail to meet those standards |
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Term
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Definition
| · Defines the classes of conduct deemed particularly injurious to the public welfare (such as murder) and establishes a penalty for those who are found guilty of committing the acts. |
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Term
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Definition
| · Establishes the rules for legal proceedings (prosecutions) that determine the guilt or innocence of those who allegedly have violated the substantive criminal law. |
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Term
| Who represents whom (or enforces) in the criminal proceedings? |
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Definition
| Government acts on behalf of society by initiating prosecutions |
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Term
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Definition
| Law that concerns relations between individuals and is remedial in nature |
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Term
| Who represents whom (or enforces) in the civil law proceedings? |
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Definition
| · Enforced by the party who was injured by the violation of the civil law |
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Term
| Give an example of when conduct can violate both civil and criminal |
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Definition
Accident:
(1) Criminal - Government prosecutes for speeding
(2) Civil - Person injured sues the offender |
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Term
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Definition
| consists of principles and rules that involve the government in its capacity of representing society. |
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Term
In criminal law – government as a representative of society brings the wrongdoer to court
This is an example of what law? |
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Definition
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Term
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Definition
| consists of rules and principles that involve persons (whether artificial or natural) as private individuals |
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Term
Much Civil law is considere which:
(a) criminal
(b) civil |
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Definition
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Term
| With private law, to what capacity may the goverment be involved? |
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Definition
| as a member of society rather than as a representative of society |
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Term
| Traditionally Private law encompasses what three areas of law? |
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Definition
1. Torts
2. Property
3. Contracts |
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Term
| What law did the founders of American legal system choose to base it off of? |
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Definition
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Term
| What state does not use a common law system? |
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Definition
| Louisana - uses a civil law system |
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Term
| When colonies of America won independence what two general systems of law were seen in Western Europe? |
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Definition
(1) Common Law (england)
(2) Civil Law (most other countries) |
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Term
| Traditional Common Law System |
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Definition
| Basic principles of law are set forth in case law |
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Term
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Definition
| decisions written by judges to resolve specific cases |
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Term
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Definition
| each party to a dispute presents its case to the court |
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Term
| Principle purpose of the Courts of Chancery |
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Definition
| § Provide fair and equitable resolution of disputes without being restricted by inflexible procedures |
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Term
| American law adopted what complementary system of the English court system? |
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Definition
| Courts of Chancery or Courts of Equity |
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Term
| What created Equitable remedies |
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Definition
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Term
| When is Equitable Remedies used? |
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Definition
| when money damages were not adequate |
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Term
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Definition
| an order requiring a party to do or refrain from doing some act |
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Term
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Definition
| an order voiding contracts obtained unfairly |
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Term
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Definition
| an order requiring a party to perform contractual obligations |
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Term
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Definition
| a person who has been authorized by one or more states to practice law on behalf of clients |
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Term
| What is the relationship between American law and Attorneys |
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Definition
| o Attorneys must comply with variety of ethical and professional duties and responsibilities |
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Term
| attorney-client privilege |
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Definition
(1) Privilege that prevents an attorney from disclosing communications made with a client while seeking legal advice
(2) Client may wave this
(3) Attorney may discourage criminal acts, but if client participates in something unlawful the attorney must reveal it to proper authorities |
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Term
| Who is sovereign in the U.S.? |
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Definition
| the people and, thus, are the sources of all powers, including the power to establish law |
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Term
| What form of gervnment do we have? |
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Definition
| Republican - elected representatives exercise powers |
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Term
| Ultimately what is the source of law in the U.S. |
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Definition
| The Government (in representative capacity) |
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Term
| What are the levels of government? Explain. |
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Definition
(1) National level – federal government adopts and enforces laws that are binding on the citizens of all states
(2) State level – state government enact laws that are effective within the state |
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Term
| Governments of both the state and national level are organized in accordance with what? |
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Definition
a doctrine of separation of powers
*This way governmental powers are divided among the three branches of government |
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Term
| What are the 3 Branches of Government? |
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Definition
(1) Legislative: Adopts written laws called “statutes,”
(2) Executive: Executes the statutes
(3) Judicial: Enforces the law in specific cases and controversies |
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Term
| What are the 3 principle sources of law? |
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Definition
(1) Constitutions
(2) Statues
(3) Common Law |
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Term
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Definition
| establishes the basic principles, governmental structure, and law of a state or nation |
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Term
| United States Constitution |
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Definition
| The written agreement that binds the states together as a federation |
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Term
| How many articles make up the US Constitution |
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Definition
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Term
| How many Articles make up the US Constitution? |
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Definition
| 27 (between 1791 and 1992) |
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Term
| 3 Important Functions of the US Constitution |
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Definition
(1) Limits the powers of the states and their governments
(2) Enumerates the powers that the states have delegated to the federal government
(3) Guarantees certain rights to the people of the United States |
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Term
| Limitation on States’ Powers |
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Definition
· As sovereign entity, each state has the inherent power to enact and enforce its own laws
· Federal Constitution restricts this power by making state law subordinate to federal law |
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Term
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Definition
| (Article VI of the Constitution): Requires a court to invalidate and refuse to enforce any state law that conflicts with the federal constitution, federal statues, or federal treaties |
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Term
| Enumeration of Federal Powers |
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Definition
| Federal government has no inherent powers but posses only those powers that the states have delegated to it |
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Term
| Article I of the Constitution |
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Definition
| Establishes Congress as the legislative branch of government and sets forth the congressional powers |
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Term
| Article II of the Constitution |
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Definition
| vests the executive powers of the federal government in the president |
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Term
| Article III of the Constitution |
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Definition
| Grants federal judicial power to the United States Supreme Court and other federal courts established by Congress |
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Term
| Doctrine of Judicial Review |
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Definition
| federal courts have the power to determine whether the acts of the legislative and executive branches of government comply with the Constitution and refuse to enforce those acts that violate it |
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Term
| Marbury v. Madison (general issue) |
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Definition
-Jefferson elected.
-Adams' commissions were not all delivered in time
-New secretary of State, Madison, refused to deliver remaining
-Marburu was one that hadn't been delivered
-Marbury filed suit in the Supreme Court |
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Term
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Definition
| an order issued by a court commanding a public official to perform a specific act or duty |
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Term
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Definition
| a statute that authorized the Supreme Court “to issue writs of mandamus… to persons holding office under the authority of the United States” |
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Term
| Conclusion of Marbury v. Madison |
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Definition
| Congress’s attempt to expand the types of cases that the Court may hear to include those cases not listed in the Constitution was “repugnant’ (opposed to) to the Constitution |
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Term
| Job of Judicial Department |
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Definition
| To say what the law is, interpret the law, and decide when conflicting laws exists, the operation of each |
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Term
| The constitution vs. laws repugnant to it |
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Definition
| The is void and the courts, as well as other departments, are bound by that instrument. |
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Term
| Guarantee of Individual Rights |
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Definition
| Delineates certain rights that are guaranteed to US citizens |
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Term
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Definition
| First ten amendments in the constution; Most rights (as stated int eh Guarentee of Individual Rights) are set forth in the Bill of Rights |
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Term
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Definition
| First ten amendments in the constution; Most rights (as stated in the Guarentee of Individual Rights) are set forth in the Bill of Rights |
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Term
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Definition
| First ten amendments in the constution; Most rights (as stated in the Guarentee of Individual Rights) are set forth in the Bill of Rights |
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Term
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Definition
| First ten amendments in the constution; Most rights (as stated in the Guarentee of Individual Rights) are set forth in the Bill of Rights |
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Term
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Definition
-Each state adopted its own constitution
-Provisions generally outlines the principles and organization of the state’s government and the rights guaranteed to citizens of the state, and divides the state powers among executive, legislative, and judicial branches of government |
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Term
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Definition
| written laws enacted by the legislature |
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Term
| Relationship between federal and state governments regarding statutes |
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Definition
| o US Congress adopts federal statutes and the legislative body of each state enacts state statutes |
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Term
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Definition
| Other government units’ statues that many states authorize them to enact (such as cities or counties) |
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Term
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Definition
| Where statutes are compiled |
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Term
| Where are all federal statutes are codified in? |
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Definition
United States Code (U.S.C)
-Divided into Titles
-Example: Title 11 of the U.S.C. |
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Term
| Where are state codes compiled? |
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Definition
| In seperate official codes under a variety of names |
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Term
| Code of Federal Regulation |
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Definition
| Where Federal regulations are compiled |
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Term
| Conference (newest name) to encourage state law uniformity |
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Definition
| National Conference of Commissioners on Uniform State Laws |
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Term
| What the the NCCUSL do today? |
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Definition
(1) Consider the areas of law requiring uniformity
(2) Drag legislation known as uniform codes, acts, or laws
(3) Encourage their adoption by each of the states |
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Term
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Definition
| serve as guidelines to state legislatures in drafting other types of legislation which the National Conference and other organizations often draft |
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Term
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Definition
| (also known as Common Law) rules and principles of law embodied in cases previously decided by the courts |
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Term
| Hierarchy of the Sources of Law |
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Definition
(1) [Top] Constitutions
(2) Statutes
(3) Case Law |
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Term
| Common Law often involves what areas? |
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Definition
| · Torts, contracts, restitution, suretyship, property, trusts and agencies |
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Term
| Doctrine of Stare Decisis |
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Definition
-Courts will adhere to and apply principles of law based in prior cases to later cases involving substantially the same facts
-what the use of common law as a source of law is based on deriving from its Latin name meaning “to adhere to precedents and not to unsettle things established” |
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Term
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Definition
| the rule of law that resolved the issues of the prior case and serves as authority or precedent for the resolution of the issues of subsequent cases that involve the same or similar facts |
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Term
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Definition
| the holding of a prior case that serves as authority for resolution of the issues of subsequent cases that involve the same or similar facts |
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Term
| What if a common law doesn't already exists for a case? |
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Definition
| the court considers the issue to be one of first impression and reaches a holding that serves as a new rule of law under the common law |
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Term
| T/F Common law is vital and not flexible |
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Definition
| False: common law is vital and flexible to adapt to changing times |
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Term
| How can legislature help change common law? |
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Definition
| By adapting statutes that create a different rule of law |
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Term
| When initially interpreting a statue, a court usually applies what rule? |
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Definition
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Term
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Definition
| provides that a statute should be interpreted according to the literal meaning of its words. |
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Term
| T/F Generally the precedents of one state are binding in courts of other states |
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Definition
| False - typically it is not |
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Term
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Definition
| § Includes rules of law interpreting only federal statutes and the Constitution |
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Term
| Relationship between substantive common law and Fedearl statutes and constitutional provisions |
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Definition
| § No body of substantive common law that is applied in the absence of a federal statute or constitutional provision |
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Term
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Definition
| (The restatement) Published by a national organization of attorneys, law professors, and judges know as the American Law Institute |
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Term
| Is The Restatement of the Law part of the common law? |
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Definition
| No, but if a court adopts a rule promulgated by the Restatement, that rule becomes a part of the state’s common law |
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Term
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Definition
| applies and interprets the law |
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Term
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Definition
| o Provide a forum for the peaceful resolution of civil disputes and serve as a tribunal for the impartial enforcement of criminal laws in a fair and consistent manner |
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Term
| Who initiated a legal case? |
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Definition
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Term
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Definition
| the party initiating the legal case seeking some form of judicial remedy from or penalty against another |
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Term
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Definition
| the person upon which a legal case has been brought against |
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Term
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Definition
| a court of this has the power to render the initial decision on the case |
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Term
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Definition
| Courts of this are empowered to review cases that have been tried by a court of original jurisdiction |
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Term
| Subject Matter Jurisdiction |
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Definition
| The types or categories of cases that a court is empowered to hear |
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Term
| General Subject Matter Jurisdiction |
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Definition
| May hear all types of cases |
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Term
| Limited Subject Matter Jurisdiction |
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Definition
| May hear only certain categories of disputes |
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Term
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Definition
| · Some states have established courts of original and limited subject matter jurisdiction to handle cases of a specialized nature |
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Term
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Definition
| For the majority of cases, this is the court of original jurisdiction |
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Term
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Definition
| · Jurisdiction to review the decisions of the inferior and trial course |
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Term
| Intermediate Appellate Courts |
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Definition
| A party’s appeal of right generally starts here (if it exists) |
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Term
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Definition
| Provides another review of cases already reviewed by the court of appeals |
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