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25 Cards in this Set

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  • Back
Law
That which must be obeyed and followe by citizens subject to sanctions or legal consequences; a body of rules of action or cnduct prescribed by controlling authority and having binding legal force.
Jusrisprudence
The philosophy or science of law
Commom Law
Law developed by judge who issued their opinions when deciding a casd. The principles announced in these cases became precedent for later judges deciding similar cases.
Law courts, Chancery courts, Merchant courts.
Constitution of the United States of America
THe supreme law of the United States.
Treaty
A compact made between two or more nations
Statute
Written law enactedby the legislative brance of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties.
Ordiance
Law enacted by local government bodies such as cities and municipalities, countries, school districts, and water districts.
Executive order
An order issued by a member of the executive branch of the government.
Administrative agencies
Agencies (such as the securities and Exchange Commission and the Federal Trade Commission) that the legislative and executive branches of federal and state governments are empowered to establish.
Judicial decision
A decision about an individual lawsuit issued by a federal or state court.
Precedent
A rule of law established in a court decision. Lower courts must follow the precedent established by higher courts.
Stare decisis
Latin:"to stand by the decision." Adhere to precedent.
Critical legal thinking
The process of specifying the issue presented by a case, identifying the key facts in the case and applicable law, and then applying the law to the facts to come to a conclusion that answers the issue presented
Case brief
A summary of each of the following items of a case.
1. Case name and citation
2. Key facts
3. Issue presented
4. Holding of the court
5. Court's reasoning
Function of the law
1.keeping the peace
2.shaping moral standards
3.promoting social justice
4.maintaining the status quo
5.facilitating orderly change
6.facilitating planning
7.providing a basis for compromise
8. maximizing individual freedom
The natural law school
The law is based on what is “correct”. It emphasizes a moral theory of law-that is, law should be based on morality and ethics.
The historical school
The law is an aggregate of social traditions and customs.
Look to past legal decisions (precedent) to solve contemporary problems.
The analytical school
The law is shaped by logic.
Emphasis on the logic of the result rather than how the result is reached.
The Sociological school
The law is a means of achieving and advancing certain sociological goals.
Unlikely to adhere to past law as precedent.
The command school
The law is a set of rules developed, communicated, and enforced by the ruling.
Critical legal study school
Legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness.
Law and Economics school
Promoting market efficiency should be the central concern of legal decision making.
Constitution created three branches of government and gave them powers.
(1)Legislature (Congress): power to make (enact) the law.
(2)Executive (President): power to enforce the law.
(3)Judicial (Court): power to interpret and determine the validity of the law.
Ordinance Law
Traffic laws, local building codes, zoning laws.
Holding
Decision made by the present court.