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| A federal, state, or local government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce acts. |
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| the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. |
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| To state, recite, assert, or charge. |
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| In logical reasoning, an assumption that if two things are similar in some respects, they will be similar in other respects also. Often used in legal reasoning to infer the appropriate application of legal principals in a case being decided by referring to previous cases involving different facts but considered to come within the policy underlying the rule. |
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| The party who takes an appeal from one court to another |
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| The party against whom an appeal is taken--that is, the party who opposes setting aside or reversing the judgment. |
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| Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction. |
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| To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society |
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| The rules of law announced in court decisions. Case law includes the aggregate of report cases that interpret judicial precedents, statutes, regulations, and constitutional provisions. |
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| A previous case involving factual circumstances and issues that are similar to those in the case before the court. |
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| an advisor to the king at the time of teh early king's courts of England. Individuals petitioned the king for relief when they could not obtain an adequate remedy in a court of law, and these petitions were decided by the chancellor. |
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| A reference to a publication in which a legal authority - such as a statute or a court decision - or other source can be found |
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| The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. |
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| That body of law developed from custom or judical decisions in English and U.S. courts, not attributable to a legislature. |
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| Law that is based on the U.S. Constitution and the constitutions of the various states. |
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| A court that decides controversies and administers justice according to the rules, principles, and precedents of equity. |
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| A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king's courts, courts of law were distinct from courts of equity. |
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| Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress. |
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| An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet. |
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| Money sought as a remedy for a breach of contract or for a tortious act. |
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| On against who a lawsuit is brought; the accused person in a criminal proceeding |
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| Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking. |
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| General propositions or principles of law that have to do with fairness (equity). |
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| An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments |
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| A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be. |
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| Independent regulatory agency |
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| An administrative agency that is not considered part of the government's executive branch and is not subject ot the authority of the president. Independent agency officials cannot be removed without cause. |
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| The science or philosophy of law |
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| The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights. |
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| A body of enforceable rules governing relationships among individuals and between individuals and their society |
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| Adherent to the positivist school of legal thought. This school holds that there can be no higher law than a nation's positive law-law created by a particular society at a particular point in time. In contrast to the natural law school, the postivist school maintains that there are no "natural" rights; rights come into existence only when there is a sovereign power (government) to confer and enforce those rights |
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| A school of legal thought that was popular in the 1920s and 1930s and tha challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more pragmatic approach to the law, an approach that would take into account customary practices and the circumstances in which transactions take place. The school left a lasting imprint on American jurisprudence. |
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| The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases. |
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| The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the most significatn schools of legal thought. |
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| A statement by the court expressing the reasons for its decision in a case. |
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| A law passed by a local governing unit, such as a municipality or a county |
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| In equity practice, a party that initiates a lawsuit |
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| One who initiates a lawsuit |
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| A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. |
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| Rules that define the manner in which the rights and duties of individuals may be enforced |
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| A government policy based on widley held societal values and (usually) expressed or implied in laws or regulations. |
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| The relief given to an innocent party to enforce a right or compensate for the violation of a right. |
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| A remedy available in a court of law. Money damages are awarded as a remedy at law |
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| A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation. |
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| A publication in which court cases are publised, or reported |
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| In equity practice, the party who answers bill or other proceeding. |
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| A school of legal thought that views the law as a tool for promoting justice in society |
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| A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. |
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| A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced |
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| The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law) |
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| A form of deductive reasoning consisting of a major premise, a minor premise, and a conclusion |
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| A model law created by the National Conference of Commissioners on Uniform State Laws and/or American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Eacho state has the option of adopting or rejecting all or part of a uniform law. |
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| Enforceable rules that govern individuals within their society. |
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| What are the 4 sources of American Law? |
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1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Case Law and Common Law Doctrines |
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| What is Constitutional Law? |
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| The supreme law of the land. Any law that conflicts with it is invalid. It distributes power among the branches of government. |
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| Law enacted by Congress, and by state and local legislative bodies |
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| What is Administrative Law? |
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| Rules and regulations issued by administrative agencies within executives branches of government. |
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| What is Case and Common Law? |
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Case law included court's interpretations of constitutional provisions, statutes, and administrative rules.
Courts often rely on the common law as a guide to the intent and purpose of a statute.
Case law governs all areas not covered by statutes. |
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| What is the common law system? |
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The decisions judges make in cases which involves the principles applied from earlier cases with similar facts
-came from early English courts
-made distinction bw remedies at law and remedies in equity |
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| What is the doctrine of stare decisis? |
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The use of precendent as binding authority in a common law system.
-more efficient, just, uniform, stable, and predictable |
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| When can a judge decided that a precedent is incorrect? |
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| When there have been changes in technology, business practices, or society's attitudes. |
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| What will a judge do if there is no precedent? |
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| A court may look at other legal principals and policies, social values, or scientific data |
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| What does legal reasoning require? |
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| To learn the facts of a case, identifying the issues and the relevant legal rules, applying the rules to the facts , and coming to a conclusion |
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I - Issue
R - Rule
A - Application
C - Conclusion. |
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| What forms of legal reasoning do judges use? |
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Deductive reasoning
linear reasoning
reasoning by analogy
-the use of legal reasoning helps to harmonize their decisions with ealier cases |
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| What are 4 Legal philosophies that can influence a judges decision? |
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1. The natural law school
2. The positivist school
3. The historical school
4. Legal Realism |
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| Define The Natural Law School |
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system of moral and ethical principles
inherent in human nature
discoverable by humans through logic |
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| Define the Postivist School. |
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No higher law than a nation's postive law
The law is the law and must be obeyed |
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| Define the Historical School |
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| use legal principles that have been used in the past |
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in making decisions judges are influenced by their own beliefs.
extra legal consultation should be required to temper each cases's circumstance |
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| What are the 4 classifications of law? |
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1. Substantive law and procedural law
2. private and public law
3. civil law and criminal law
4. cyberlaw |
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| laws that define, describe, regulate, and create rights and duties |
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| rules for enforcing the rights that Substantive law created |
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| law concerning relationships bw private entities. |
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| the relationship bw persons and their government |
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| relationships bw individuals. |
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| regulates relationships bw individuals and society |
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| a new body of law governing cyberspace |
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| How do you find Statutory law? |
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Published in federal and state publications.
Usually in codified form - each subject is assigned a title number and each statue a section number within a title |
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| How do you find Administrative law? |
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| Publised in the Federal Register and the Code of Federal Regulations |
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| Where do you find Case Law? |
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| -publised by the state in consecutively numbered volumes, also in units of the National Reporter System |
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| Where do you find Court Opinion? |
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| Citation - referred to by the name of the case and the volume, name, and page number of one or more reporters |
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| What are the 4 types of Court Opinions? |
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1. Unanimous opinion - everyone agrees
2. Majority opinion - not unanimous, a majority opinion outlines the views of the majority
3. Concurring opinion - a judge emphasizes a point that was not emphasized in the unanimous or majority opinion
Dissenting Opinion - written by a judge who does not agree with the majority |
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