Term
| a body of rules enforced by a government |
|
Definition
|
|
Term
the concept that no one is above the law, and that no one can be of breaking the law provides. From the highest official to the lowliest member of society, all are subject to the same laws.
|
|
Definition
|
|
Term
a legally enforcable promise or set of promises
|
|
Definition
|
|
Term
a failure to fulfill contractual obligations
|
|
Definition
|
|
Term
| a civil wrong other than breach of contract for which the law provides a remedy |
|
Definition
|
|
Term
| an unintentional violation of legal duty to use a statdard of care |
|
Definition
|
|
Term
| a legal system of court-made law where the rules are derived from previously decided cases, called precedents |
|
Definition
|
|
Term
| the legal doctrine that requires court the follow precedent |
|
Definition
|
|
Term
| doctrine that courts determine the constitutionality of statutes |
|
Definition
|
|
Term
| a stated set of facts giving rise to a valid lawsuit |
|
Definition
|
|
Term
| the party which files a lawsuit against another party |
|
Definition
|
|
Term
| the person against whom a lawsuit is filed |
|
Definition
|
|
Term
| Four philosophical schools of law |
|
Definition
1. Natural
2. positivist
3. traditional (historical)
4. Legal realist |
|
|
Term
|
Definition
the theory that law comes from unchangable principles evident from nature or inspired by God
ex: Declartation of Independance |
|
|
Term
|
Definition
Government rules are supreme
Ex: definition of law |
|
|
Term
traditional (historical) school
|
|
Definition
law which has worked in the past is best suited to shape present law
ex: stare decisis |
|
|
Term
|
Definition
there is no uniform way to interpret the law or apply the law
Ex: Holmes: the constitution is what the judge says it is |
|
|
Term
Problems with the application of schools of Law:
|
|
Definition
1. Natural Law School: whose version of self-evident law do you use?
2. Positivist School: government atrocites acceptable?
3. Legal realist/traditional: should the constitution be what the judges say it is? |
|
|
Term
| Three sources of Federal law by Priority |
|
Definition
1. US Constitution
2. Statutes and treaties
3. Administrative Rules |
|
|
Term
|
Definition
|
|
Term
|
Definition
| acts of Congress and treaties entered by the President and approved by the Senate |
|
|
Term
|
Definition
| Laws adopted by administrative agencies |
|
|
Term
| Four Sources of State Law by Priority |
|
Definition
1. Consitution of the state
2. Statutes of adopted by the legislature
3. Administrative Rules
4. Municipal Ordinances |
|
|
Term
|
Definition
1. Court made law
2. Law est. by courts particularly in the areas of conract and tort law
3. Case Law is overruled by a contrary statute ordinance or rule unless the law involved is ruled unconstitutional |
|
|
Term
Two Types of Persuasive Authority
|
|
Definition
1. Uniform Codes
2. Restatements |
|
|
Term
|
Definition
Statutory schemes compiled by experts to be adopted by state legislatures to help insure consistency of the law in all states
ex: Uniform commercial code; Uniform Probate Code |
|
|
Term
|
Definition
Common law schemes compiled by experts to influence courts and encourage nationwide consistency
ex: Restatement of contracts; Restatement or torts |
|
|
Term
|
Definition
1. Agencies: a unit of the executive branch regulating a certain area
2. Independant Agencies: an agency designed to be free from the direct authority of the president EX: FTC, SEC
3. Executive agency: an agency whose head is directly subject to the president ex: Cabinet level agencies, IRS, or EPA
|
|
|
Term
| Three Powers of many independant agencies |
|
Definition
1. lawsuits (prosecute violations)
2. money (make binding rules)
3. remedies (decide controversies) |
|
|
Term
|
Definition
Criminal law-involves wrongs against society punished by the federal, state or city government through prosecution.
Civil law-wrongs against persons or entities enforced their rights by filing lawsuits to obtain money or other remedies
|
|
|
Term
Substantive vs. Procedural law
|
|
Definition
Substative-defines rights and duties
procedural-defines the method or process by which violations of rights or duties will be enforced |
|
|
Term
|
Definition
Statutory-law adopted by a legislative body
ex. Acts of Congress, acts of legislatures, manicipal ordinances
Case law-law created by court decision
ex: adoption of comparative fault |
|
|
Term
|
Definition
1. origins of common law courts-a uniform set of laws derived from following precedents in England
2. Origins of Equity courts-created by the king because people whose problems could not be solved by common law courts would petition the king
3. Equity today-sue for a court order compelling an act of a change in status. or a judge determines the facts in question
4. Equity suits are now filed in the same courts and are heard by the same judges as common law suits |
|
|
