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22 Cards in this Set
- Front
- Back
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Law
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A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong
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Four primary sources of law
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1.Constitutions
2.Statutes 3.Administrative agencies 4.Case law |
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Constitutional Law
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Define the form and basic principles of government and create individual protections
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Statutory Law
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Laws enacted by Congress and state legislatures
•Model statutes only become law when they are adopted by the state •Ordinances and laws passed by municipal governments |
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Administrative Law
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Rules, orders, and decisions of federal and state administrative agencies
•(e.g., EPA, SEC, IRS) |
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Case law/common law (“judicial law”)
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Rules of law announced in court decisions
•Generally based on published opinions of federal and state appellate courts •Judicial interpretation and Judge made law based on common law doctrines in areas lacking statutes •Derived from judicial decisions and precedent |
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Precedent
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Requires that judges decide current cases based on the legal principles and decisions established within their jurisdiction in previous cases with the same or similar facts
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Stare decisis
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To stand by that which is decided
•Legal doctrine based on precedent, makes law more stable and predictable |
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IRAC Method
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•Issue
•Rule •Application •Conclusion |
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Philosophical Approaches to Law
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•Positivist school
•Natural law school •Historical school (skip) •Legal Realism (skip) |
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Positive Law -
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Comprised of the written laws of a given country or society
•Issued by the government (e.g., statutes, court decisions, administrative agency rules). •Provides minimum ethical standard •Laws must be obeyed regardless of whether they are just in situation •Uses existing law rather than legal reasoning to find new law |
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Natural Law
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Assumes that law, rights and ethics are based on universal moral principles inherent in nature that people can discover through natural intelligence or reason
•what is fair, right & just according to individuals’ own sensibilities •Ex. civil rights activists; whistle blowers; civil disobedience |
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Classifications of Law
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•Substantive
•Procedural |
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Substantive Law
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Laws that define, describe, regulate, and create legal rights and obligations
•Examples: contracts, torts, property |
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Procedural Law
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Laws that establish the processes for enforcing the rights established by substantive law and settling disputes.
• Rules of legal administration • e.g., procedures for filing civil lawsuits; statutes of limitation for bringing legal actions |
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Classifications of Law
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•Criminal
•Civil |
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Civil Law
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Rules that define and regulate the rights and duties between persons or between persons and the government (e.g., contracts, torts), and the relief that is available when a person’s rights are violated
•Burden of proof in civil cases: “preponderance of the evidence” (more than 50%) |
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Criminal Law
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Rules designed to protect and vindicate society’s interest with respect to individuals
•Burden of Proof: “Beyond a reasonable doubt” •Punishment - retribution; restraint; deterrence; rehabilitation |
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Double Jeopardy -
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Prevents the same government from prosecuting a defendant more than once for the same criminal offense
•Not applicable to civil charges •Not applicable to new trial due to mistrial or hung jury |
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Citations
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Provide references as to where particular legal authorities can be found
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Case Law
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Comprised of published court opinions (which may be based on the application of statutes, regulations, or common law).
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Decision (“holding”)
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Appellate opinions may affirm or reverse a lower court’s holding, and/or remand the case to the lower court
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