Shared Flashcard Set

Details

Introduction to Law-Chapter 1
Introduction to Law. Chapter One. Essentials of the Legal Environment.
39
Law
Undergraduate 2
04/03/2012

Additional Law Flashcards

 


 

Cards

Term
law
Definition
a body of enforceable rules governing relationships among individuals and between individuals and their society
Term
jurisprudence
Definition
the science or philosophy of law
Term
natural law
Definition
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 significant schools of legal thought.
Term
positive law
Definition
the bosy of conventional, or written, law of a particular society at a particular point in time
Term
legal positivism
Definition
a school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. laws must be obeyed, even if they are unjust, to prevent anarchy.
Term
historical school
Definition
a school of legal thought that 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
a school of legal thought of the 1920s and 1930s that generally 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. this school left a lasting imprint on American jurisprudence.
Term
sociological school
Definition
a school of legal thought that views the law as a tool for promoting justice in society
Term
breach
Definition
the failure to perform a legal obligation
Term
primary sources of law
Definition
a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision
Term
secondary source of law
Definition
a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review
Term
constitutional law
Definition
the body of law derived from the U.S. Constitution and the constitutions of the various states
Term
statutory law
Definition
the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
Term
citation
Definition
a reference to a publication in which a legal authority--such as a statute or a court decision--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 state or federal law
Term
uniform law
Definition
a model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. if a state adopts the law, it becomes statutory law in that state. each state has the option of adopting or rejecting all or part of a uniform law.
Term
administrative law
Definition
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
Term
administrative agency
Definition
a federal or state government agency established to perform a specific function. administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts
Term
executive agency
Definition
an administrative agency within the executive branch of government. at the federal level, executive agencies are those within the cabinet departments.
Term
independent regulatory agency
Definition
an administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. independent agency officials cannot be removed without cause.
Term
case law
Definition
the rules of law announced in court decisions. case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.
Term
common law
Definition
the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature
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
a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Term
binding authority
Definition
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
Term
persuasive authority
Definition
any 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. persuasive authorities include cases from other jurisdictions and secondary sources of law.
Term
remedy
Definition
the relief given to an innocent party to enforce a rightor compensate for the violation of a right
Term
plaintiff
Definition
one who initiates a lawsuit
Term
defendant
Definition
one against whom a lawsuit is brought; the accused person in a criminal proceeding
Term
equitable principles and maxims
Definition
general propositions or principles of law that have to do with fairness (equity)
Term
statute of limitations
Definition
a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced
Term
substantive law
Definition
law the defines, describes, regulates, and creates legal rights and obligations
Term
procedural law
Definition
law that establishes the methods of enforcing the rights established by substantive law
Term
cyberlaw
Definition
an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
Term
civil law
Definition
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters
Term
civil law system
Definition
a system of law dervied from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies. in the United States, Louisiana, because of its historical ties to France, has in part a civil law system
Term
criminal law
Definition
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.
Term
national law
Definition
law that pertains to a particular nation (as opposed to international law)
Term
international law
Definition
the law that governs relations among nations. national laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law.
Supporting users have an ad free experience!