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48 Cards in this Set
- Front
- Back
Law
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Enforceable rules governing relationships among individuals and between individiuals and their society.
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Jurisprudence
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The science or philosophy of law.
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Natural Law
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Denotes system of moral and ethical principals that are inherent in human nature and people can discover through use of natural intelligence, or reason.
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Positive Law- "National Law"
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Wrriten law of given society at particular point in time; Applies only to citizens of that nation or society.
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Positivist School
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People that believe there are no laws higher than a nation's positive laws.
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Historical School
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Emphasizes evolutionary process of law - Concentrating on the origin and history of legal system.
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Legal Realism
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Law just one of many institutions in society & shaped by social forces and needs. Take social & economic realities into account. Law can never been applied with total uniformity.
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Sociological School
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Views law as a tool for promoting justice in society.
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Breach
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To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or society.
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Constitutional Law
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Law based on the U.S. Constitution and the constitutions of various states.
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Statutory Law
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Law enacted by legislature bodies at any level of government, such as statues passed by Congress or by state legislatures.
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Ordinance
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Statutes ( laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law.
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Uniform Laws
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Model law created by the NCCUSL &/or the American Law Institute for states to consider adopting. If state adopts the law, it becomes statutory law in that state. Each state has option of adopiting or rejecting all or part of a uniform law.
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Administrative Law
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Rules, orders, and decisions of administrative agencies.
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Administrative Agency
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Federal, state, or loscal government agency established to perform a specific function.
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Executive Agencies
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Exist within the cabinet departments of the executive branch.
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Independent Regulatory Agencies
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An administrative agency that is not considered part of the government's executive branch & not subject to authority of President. Indep. agency officals can't be removed without cause.
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Case Law
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The rules of law announced in court decisions. Includes the aggregate of reported cases that interpret judicial precedents, statues, regulations, and constitutional provisions.
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Common Law
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A body of general rules that applied throughout the entire English realm.
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Remedies
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The legal means to enforce a right or redress a wrong.
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Courts of Law
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Those corts that awarded compensation in the form of: land, items of value, or money.
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Remedies at Law
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Consisted of three compensations: Land, Items of Value, or Money
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Monetary Damages
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An amount given to a party whose legal interests have been injured.
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Chancellor
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An adviser to the king who had the power to grant new and unique remedies.
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Courts of equity
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Formal chancery courts.
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Remedies in Equity
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Remedies granted by the equity courts. Remedies: Specific performance, injunction, and rescission
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Equitable maxims
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Propositions or general statements of equitable rules.
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Laches
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The equitable doctrine that bars a party's right to legal action if the party had neglected for an unresonable length of time to act on this or her rights.
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Defense
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An argument reaised by the defendant( the being sued) indicating why the plaintiff (party suing)should not obtain the remedy sought.
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In Equity Pleadings:
A.Petitioner B.Respondent |
A: Party bringing a lawsuit
B. Party being sued. |
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Statutes of Limitations
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A federal or state statute setting the maximum time period during which certain action can be brought or certain rights enforced.
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Precedent
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A court decision that funishes an example or authority for deciding subsequent cases involving identical or similar facts.
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Reporter
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A publication in which court cases are published, or reported.
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Stare decisis
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Latin phrase:"to stand on decided cases". Two aspects: A.decisions made by a higher court are binding on lower courts, and B. a court should not overturn its own precedents unless there is a compelling reason to do so.
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Binding authority
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A case precedent, statute, or other source of law tht a court must follow when deciding a case.
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Public Policy
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Governmental policy based on widely held societal values and usually expressed or implied in laws or reguations.
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Legal Reasoning
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Reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or cirumstances of the case.
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Deductive Reasoning
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A logical relationship involving a major premise, a minor premise, and a conclusion.
Ex. Plaintiff unaware of threat of potential assault. |
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Linear Reasoning
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Proceeds from one point to another, with the final point being the conclusion.
Ex. Tenant/Landlord dispute..Landlord acted reasonably, not negligent. |
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Reasoning by Analogy
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Compare the facts in the case at hand to the facts in other cases, and to the the extent that the patterns are similiar, to aplly the same rule of law to the present case.
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Substantive Law
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Consists of all laws that define, describe, regulate, and create legals rights and obligations.
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Procedural Law
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Consists of all laws that delineate the methods of enforcing the rights established by substantive law.
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Civil Law
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Spells out the righta nd duties that exist between persons and between persons and their governments, as well as the relief available when a person's rights are violated.
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Criminal Law
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Concerned with wrongs committed against the public as a whole. Criminal defendants are thus prosectured by public officals, such as district attorney, on behalf of the state, not by their victims or other private parties.
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Cyberlaw
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The emerging body of law that governs transactoins conducted via the Internet. An informal term used to describe traditional legal principles that have been modified and adapted to fit situations that are unique to the online world.
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Citation
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Reference to a publication in which a legal authority- such as a statue or a court decision or other source- can be found.
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A.Appellant
B.Appellee |
A.The party appealing the case when the case is appealed from the original court or jurisdiction to another court or jurisdiction. B. Party against whome the appeal is taken.
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Opinions
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Contains the court's reasons for its decision, the rules of lw that apply, and the judgement.
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