Shared Flashcard Set

Details

BLAW
ch 1-4 excluding 3
32
Law
Undergraduate 3
02/05/2013

Additional Law Flashcards

 


 

Cards

Term
Law
Definition
a body of enforcable rules governing relationships among individuals and between individuals and their society. 
Term
Jurisprudence 
Definition
science or philosophy of law
Term
Natural Law
Definition

the beleif that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. oldest, most significant school of legal thought.

Aristotle

Term
positive law
Definition
the body of conventional, or writtien, law of a particular society aat aparticular point in time
Term
Legal Positivism
Definition
school of legal thought centered on the assumption that there is no law higher than the laws created by a national gov. Laws must be obeyed even if unjust, to prevent anarchy.
Term
Historical school
Definition
emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be
Term
Legal Realism
Definition
legal thought of '20s and '30s that generall advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. left a lasting imprint on American Jurisprudence
Term
Primary Source of Laws
Definition
document that establishes the law on a particular issue, such as a constitution, a statute, an admin rule, or a court decision
Term
Breach
Definition
failure to perform a legal obligation
Term
Secondary source of law
Definition
a publication that summarizes or interprets the law, such as a legal encyclopedia or an article
Term
Constitutional law
Definition
Body of law derived from the constitutionand state constitutions
Term
Statutory law 
Definition
the body of law enacted by legislative bodies
Term
Citation
Definition
a reference to a publication in which a legal authority or other source can be found
Term
Ordinance
Definition
a regulation enacted by a city or county legislative body to govern matters not covered by Fed laws
Term
Uniform Law
Definition
a model law created by the national conference of commissioners on uniform state laws
Term
Admin Law
Definition
laws created by administrative agencies on order to carry ou the duties
Term
Case Law
Definition
the rules of law announced in court decisions. includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations and provisions. 
Term
Common Law
Definition
law developed from custom or judicial decisions in English and US courts, not attributable to a ligislature.
Term
Precedent
Definition
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Term
Stare Decisis
Definition
common law doctrine under which judges who are obligated to follow precedents established in prior cases
Term
Binding Authority
Definition
any source of law the court must follow when deciding a case. include constitutions, statutes, regulations and any precedents within the jurisdiction
Term
Persuasive Authority
Definition
legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. 
Term
Remedy
Definition
the relief given to an innocent party to enforce a right or compensate for the violation of right.
Term
Plaintiff
Definition
one who initiates a lawsuit
Term
Defendent
Definition
one against whom a lawsuit is brought; the accused in criminal trials. 
Term
Statute of Limitations
Definition
a federal or state statute that establishes the maximum time period during which certain actions can be brought ro certain rights enforced
Term
Substantive Law
Definition
law that defines, describes and creates legal rights and obligations
Term
Procedural Law
Definition
law that establishes the methods of enforcing the rights established by substantive law.
Term
Civil Law
Definition
branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Term
Criminal Law
Definition
law the defines and governs actions that constitute crimes.
Term
National Law
Definition
law that pertains to a particular nation
Term
International Law
Definition
law that governs relationships between nations.
Supporting users have an ad free experience!