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58 Cards in this Set

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Administrative Agency
A federal, state or local government agency established to perform a specific function.
To state, recite, assert or charge
In logical reasoning, an assumption that 2 things are similar in some respects. They will also be similar in other respects also. Often used in legal reasoning to infer the appropriate application of legal principles in a case by referring to previous cases involving different facts, but considered to come withing the policy underlying the rule.
A comparison
Administrative Law
Consists of the rules, orders & decisions of administrative agencies.
The party against whom an appeal is taken -- That is the party who opposes setting aside or reversing the judgement.
The party who takes an appeal from one court to another.
The opposite of Appellee.
Binding Authority
Any source of law that a court must follow when deciding a case. It includes: Constitutions, statutes & regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
To violate a law, by an act of omission, or to break a legal obligation that one owes to another person or society.
Case Law
Common Law Doctrines
The rules of law announced in court decisions. It includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations & constitutional provisions.
Case On Point
A previouse case involving factual circumstances and issues that are similar to the case before the court.
An advisor to the king's courts in England.
A reference to a publication in which a legal authority -- such as a statutes or a court decision -- or other source can be found.
Civil Law
The branch of law dealing with the definitions and enforcement of all public rights, as opposed to criminal matters.
Common Law
That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Constitutional Law
Law that is based on the U.S. Constitution and the constitutions of various states.
Court of Equity
A court that decides controversies and administers justice according to the rules, principles and precedents of equity.
Courts of Law
A court in which the only remedies that could be granted were things of value, such as money damages. In early English king's courts, courts of law were distinct from courts of equity.
The growing body of law that deals specifically with issues raised by cyberspace transactions.
Money given to a party whose legal interests have been injured.

Money sought as a remedy for a breach of contract or for a tortious acts.
Equitable Maxims
General propositions or principles of law that have to do with fairness. (Equity)
That which a defendent offers and alleges in an action or suit as a reason why the plaintiff should not recover or establish what he or she seeks.
One against whom a lawsuit is brought; the accused person in a criminal proceeding.
Criminal Law
Law that defines and governs actions that constitute crimes. Generally, it has to do with wrongful actions committed against society for which society demands redress.
Executive Agencies
An administrative agency within the executive branch of government. At the federal level, the executive agencies are those within the cabinet departments.
The Historical School
A school of legal thought that stresses the evolutionary nature of law and that looks to doctrines that have withstood the passage of time for guidance in shaping present laws.
Independent regulatory Agencies
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 angency officials cannot be removed without cause.
The science or philosophy of law.
The equitable doctrine 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.
Consists of enforceable rules governing relationships among individuals and between individuals and their society.
Legal Realism
A school of legal thought, popular during the 1920s and 1930s that left a lasting impression on American jurisprudence. Legal realists generally advocated a less abstract and more realistic approach to the law, and approach that would take into account customary practices and the circumstances in which transactions take place. Legal realism strongly influenced the growth of the sociological school of jurisprudence, which views laws as a tool for promoting social justice.
A statement by the court expressing the reasons for its decision in a case.
Legal reasoning
The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases.
Natural Law
The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. It is the oldest and one of the the most significant schools of legal thought.
Statutes (laws, rules or orders) passed by municipal or county governing units to govern matters not covered by federal or state law.
In equity practice, a party that initiates a lawsuit.
One who initiates a lawsuit
The petitioner
Positive Law
The body of conventional, or written, law of a particular society at a particular point in time.
The positivist school
A school of legal thought centered on the assumption that there is no law higher than the laws created by the government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
Public Policy
A government policy based on widely held social values and (usually) expressed or implied in laws or regulations.
The legal means to recover a right or redress a wrong.
A publication in which court cases are published, or reported.
In equity practice, the party who answers a bill or other proceeding.
Sociological school
A school of legal thought that views the law as a tool for promoting justice in a society.
Stare decisis
A common law doctrine under which judges are obligated to follow the precendents established in prior decisions.
Statue of limitations
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
A time limit
Statutory law
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law.)
Substantive law
Law that defines the rights and duties of individuals with respect to each other as opposed to procedural law, which defines the manner in which the rights and duties may be enforced.
Why do we have laws?
To provide stability, predictability, and continuity so that people can be sure of how to order their affairs.
A form of deductive reasoning consisting of a major premise, a minor premise and a conclusion.
The study of what constitutes right or wrong behavior.
What Dr. Day taught at Shawnee
Sources of secondary law
1. Legal encyclopedia
2. Restraints of law
3. Treatsies
The natural law school
One of the oldest and most significant schools of legal thought. Those who believe in natural law hold that there is a universal law applicable to all human beings. This law is discoverable through reason and is one of a high order than positive (natural)law.
Uniform laws
A model law created by the National Conference of Commissioners on Uniform State Laws and/or the states to consider adopting. If the state adopts the law it becomes statutory law for that state. Each state has the option of adopting or rejecting all or part of a uniform law.
6 Equitable Maxims
1. Anyone who wishes to be treated fairly must treat others fairly.
2. The law will determine the outcome of a controversy in which the merits of each side are equal.
3. Plaintiffs must have acted fairly and honestly.
4. Equitable relief will be awarded when there's a right to relief and there's no adequate remedy at law.
5. Equity is more concerned with fairness and justice than legal technicalities.
6. Equity will not help those who neglect their rights for an unreasonable amount of time.
Primary sources of law.
1. Constitution (State and U.S.)
2. Statutory Law (ordinances)
3. Administrative decisions
4. Case law and decisions.
4 Schools of jurisprudential thought
1. Natural law
2. Positivism or positivist law.
3. Historical
4. Social Realism
The uniform commercial code (UCC)
Facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions. It assures business persons that their contracts, if validity entered into normally, will be enforced.
3 Forms of legal reasoning
1. Deductive reasoning - a logical relationship involving a major premise, a minor premise and a conclusion.
2. Linear reasoning - It proceeds from one point to another, with the final point being a conclusion.
3. Reasoning by analogy - Compare the facts in the case at hand to the facts in other cases to apply the rule of law to the present case or come up with a more fitting rule to the case at hand.