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| What are the 4 purposes of the Legal System? |
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Definition
1. Protection of the individual 2. Protection of society 3. Protection of property 4. Promotion of worthwhile social objectives What are these? |
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| What are the 4 Central Course Themes? |
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Definition
1. There is no one "business law" 2. Law continually deals with tension for stability, predictability and continuity, and must adapt to society 3. our system is blend of "common law tradition" 4. our system is a "federalist" system |
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enforceable rules governing: 1. relationships among individuals 2. relationships between individuals and their society |
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| the fair, impartial consideration of opposing interests ("having your day in court with the opportunity to be heard") |
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| relief given by a court to enforce a right or to compensate for the violation of a right |
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| a remedy give in a court of law (usually monetary damages) |
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| remedies given when monetary damages will no adequately compensate the injured party |
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Term
| what are the three types of equitable remedies? |
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Definition
1. "specific performance" 2. injunctions 3. rescission |
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Term
| describe these equities: 1. "specific performance" 2. injunctions 3. rescission |
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Definition
1. make the party perform (act a certain way) 2. stop an inappropriate action (don't act a certain way) 3. undo a transaction |
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Term
| What are the 4 points to Philosophy and legal theory? |
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Definition
1. Natural Law 2. Legal positivism 3. sociological theories 4. critical legal studies |
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Definition
| refer to system of rules and principles for guidance of human conduct that created by God/gods |
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| Identifies source of law: the legislator or sovereign, whose will must be followed as laid down |
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| Asserts that law should be based on an inventory of a community's contemporary interests; people in society have changing and conflicting interests over time |
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| Most cynical view; law is scarcely more than the exercise of raw power; wealthiest have power and have membership into gov't; legal language is a false discourse to create hierarchies |
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Term
| What are the 4 main categories for classification of law? |
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Definition
1. Public and Private 2. Procedural and Substantive 3. Civil and Criminal 4. Common Law and Statutory |
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Term
| What is Public vs. Private Law? |
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Definition
| Public Law: Deals with either the operation of gov't or the relationship between a gov't and its people Private Law: Deals with the rights and duties of individuals, associations, and corporations |
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Term
| What is Procedural vs. Substantive? |
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Definition
Procedural: Defines the rules by which a lawsuit is carried out. Substantive: Defines prohibited behavior, thereby establishing basic rights and duties |
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Term
| What is Civil vs. Criminal? |
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Definition
Civil: Rules for establishing rights and duties of individuals and redressing personal wrongs Criminal: The law of crimes, whereby the state sues a person for having injured the general welfare of society |
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Term
| What is Common Law vs. Statutory? |
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Definition
Common Law: Law made by judges Statutory: Law made by legislature |
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Term
| What are the 3 ways a law can be made? |
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Definition
1. legislation 2. executive action 3. adjudication |
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Term
| Describe who makes the law under: 1. legislation 2. executive action 3. adjudication |
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Definition
1. laws passed by federal,state,local gov't 2. laws passed by president, governors, mayors, etc. 3. laws made through courts |
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Term
| What are the 5 types of Adjudication? |
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Definition
1. judicial review 2. judicial interpretation 3. common law 4. law by administrative agencies 5. direct democracy |
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Term
| What are the 5 types of Adjudication? |
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Definition
1. judicial review 2. judicial interpretation 3. common law 4. law by administrative agencies 5. direct democracy |
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Term
| What are the 2 types of constitutions in the US? |
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Definition
1. United States Constitution-"Supreme Law of the Land" 2. State Constitutions |
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Term
| Who enacts federal statutes? |
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Definition
| United States Congress (enacts what type of statue?) |
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Term
| Who enacts states statutes? |
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Definition
| state legislatures (enact what type of statutes?) |
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Term
| Ordinances are enacted by whom? |
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Definition
| municipalities (enact what type of statutory law?) |
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| the collection of the statues enacted by a government |
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| the Revised Code of Washington |
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Term
| Describe the origins of Common Law (2 things) |
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Definition
1. Since 1066, the courts of England have used a system in which judges have made rulings which have developed into body of rules applied throughout the realm 2. the laws of 49 states are based on the "common law tradition" brought here by the nation's founders from their English tradition |
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Term
| Describe the 4 main ways common law is applied. |
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Definition
1. developing a body of law over time 2. interpreting statues or constitutions, applying them to certain situations 3. publish reporters which collect all of the opinions of a specific jurisdiction 4. decisions become precedents |
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| requires judges to follow the precedents established in their jurisdiction |
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Term
| What is the purpose of Stare Decisis? |
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Definition
1. provides stability to the law 2. helps make the law efficient, as it provides final resolution to issues and allows for enforcement based on that predictability 3. departures from precedent may occur--> social or technological changes require a change in the law |
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Term
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Definition
| the process through which judges decide what law applies to a given dispute, and apply the law to a specific factual situation to achieve a result |
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Term
| What are the 3 forms of reasoning? |
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Definition
1. Deductive reasoning 2. linear reasoning 3. Analogy |
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Term
| Describe:1. Deductive reasoning 2. linear reasoning 3. analogy |
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Definition
1. employing a syllogism 2. proceeding from point to point to draw a conclusion 3. drawing logical comparisons/noting differences between different situations to draw a conclusion |
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Term
| What are the basic steps to a legal argument? (I-R-A-C) |
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Definition
1. Identify the legal Issues involved 2. Identify the Rules of law that applies to the situation 3. Apply the law to the fact/issues presented, using examples from the fact patterns of prior cases as a guide 4. Reach a Conclusion based on application of the law to the facts Issue-Rule-Application-Conclusion |
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