Ba-18: Chapter 1 Terms

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Administrative law

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Pg 29 law relating to government agencies. Type of public law

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Administrative regulations

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Pg 24,29 acts of administrative agencies. Control of specific areas of conduct. Subject to any limits imposed by statutes or by the Constitution. Rules promulgated by government agencies most of which are created by the legislative branch of the government. Example Federal Trade Commission, Federal level, and public utility commissions, state-level, entities have the full force and effect of the law

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Appellate court

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Pg 13 court that has the power to review the decisions of lower courts.

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Case or controversy

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(10) a case or controversy is a case brought before the court where the plaintiff and defendant are really opposed to one another on significant issues.

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Case law

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(25, 29) president's, courts Define and interpret areas of law, is part of common law. Judges interpret statutes in order to apply them to actual cases and controversy.

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Caveat emptor

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(12) let the buyer beware. Justice basically equates to fairness. Sometimes we achieve it and sometimes not. The buyer who did not examine the goods does not receive damages in the chords for defects that would have been revealed by an

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Civil law

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(16, 28) civil law countries do not rely on legal precedents. Court applies statutes without reference to help earlier courts decided some more cases. Each case is treated unique and the court tries to apply the law in a logical and fair manner to the facts presented in the case.

Civil law is a private law that permits one person to sue another in court for money damages. A civil suit after a criminal legal action does not count as double jeopardy.

Significant difference between civil and criminal law is that the burden of proof differs. In a civil case the plaintiff must prove his or her case by preponderance of evidence. In a criminal case the judge or jury must start with the presumption that the defendant is innocent until proven guilty Beyond A Reasonable Doubt.

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Civil law systems

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(24) code Base legal systems that rely on statutory Authority in deciding cases rather than following precedent. Courts in civil law system lack Authority or power to make law through judicial rulings that established precedent. Common law does have this power and authority

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Common law

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(24, 28, 29) has multiple meanings depending on context. Broadest terms it means the body of law that originated, developed, and was administered in England. In this context is Anglo American set of legal rules and principles that make up the law in Most states. Principles are rules that develop common law, establish and follow precedents, opposed to civil law system common law has authority to make laws

Common vs Statutory

Common interpret statutes and precedents Unwritten developed over time bye judicial action

Statutory refers to statutes passed by legislative bodies

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Constitution

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(22, 29) supreme law of the land. Fundamental basis of domestic law written and Unwritten. Allocates powers of government and sets limits. Founders new tyrants had to powers. The power of the purse and the sword. Constitution places the power of the purse with Congress the power of the sword with executive branch and did you diss your Airy third branch has power to interpret the meaning of the US Constitution and decide Constitution ality of laws passed by Congress. States have constitutions that are fundamental but not Supreme

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Contract law

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(29) rights and duties that arise from enforceable agreements. A form of private law

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Criminal law

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(4, 28, 29) law relating to the offense against the government. It is part of public law in which a government agency files charges against a person defendant is innocent until proven guilty and judge and jury must be convinced defendant is guilty Beyond Reasonable Doubt

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Critical legal studies theory

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(21) critical legal studies movement holds that content of the law is liberal democracies reflex, ideological struggles most social fractions in which competing conceptions of Justice goodness and social and political life get compromised trinic ated and VD ated and adjusted. The law is not objective or neutral. Elite use these beliefs to rationalize their power. Delete maintain their power and wealth and privilege using law economics mass communication and religion. The current law is a Combination of legal and non-legal beliefs that is used to maintain the status quo

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Critical race theory

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(20) focuses on how people of color are excluded from the legal system. As with the feminist movement it blames white males.

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Descriptive theory

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(20) explains what the law is but not helpful as a perspective Theory one that states what people should or should not do or occur. It's a criticism of the law and economics Theory.

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Dictum

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(26) a language by a judge that is not necessary to decision before the court. Is an observation or remark that is not necessarily involved in a case or essential to its resolution. They are not part of Precedence. Can provide clues about how that judge might decide future cases.

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Double jeopardy

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(14) a rule of criminal law that states a person cannot be tried in court more than once by the same government for the same criminal offense.

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Equity

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(27, 29) special rules and relief when the law does not provide a proper and or adequate remedy. Rules of equity were developed outside the common law courts in England. Reason for developing were unfair decisions made by courts and limited types of Remedies available in them. Today rules of Law and equity are joined into one legal system and example is an injunction.

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Feminist legal theory

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(20) but they're the holds the law does not treat women equally. It's structured to promote the interests of white males and to exclude women. Holds that legal system is dominated by men women are victimized and their perspectives ignored.

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First impression

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(27) occurs when an issue is presented to the court for an initial decision. The issue presents a novel question of Law and is not governed by any existing precedent

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Historical theory

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(20) law is primarily a system of customs and social traditions that have developed over time

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Injunction

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(5, 27) a court order that directs a person to do or not to do something.

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Jurisprudence

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(18) can be defined as the general or fundamental elements of a legal system. Is often thought of as a philosophy underlying the law. In Latin jurisprudence means wisdom of the law.

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Justice

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(9) perfect Justice is fair there is more to the concept of justice and merely being fair. Anglo American legal systems refer to both the process followed in the results obtained in the process. Courtright administer Justice and Conformity of of the law

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Law

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(4) Plato studied and wrote in the area of philosophical idealism and said law was social control. Sir William Blackstone and English judge and legal commentator said law is a set of rules specifying what is right and what is wrong for our purposes we shall Define the law as rules that must be obeyed.

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Law and economics theory

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(20) applies classical economic theory and empirical methods to explain legal doctrines and to predict judicial decisions. It argues for using economic analysis and as both a description about how courts and legislators behave and as a prescription about how courts and legislatures should behave.

Promote that efficient allocation of resources in society should be made.

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Legal positivism

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(19) is composed of three theoretical parts. Legal the validity is ultimately a function of certain kinds of social facts. Social facts give rise to Legal validity which is authorization due to some kind of social convention. There is no overlap between Notions of Law and morality. This last part is a direct opposition to natural law theory

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Majority rule

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(27) majority rule is simply the rule that Most states have adopted. Often there is also a minority rule.

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Minority rule

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(27) a rule which a smaller number of states follow

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Moot

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(10) cases that are not properly submitted to the court for a resolution. Cases that are not capable of resolution.

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Multilateral treaties

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(23) treaties that involve more than two Nations

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Natural law

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(18) law theory holds that the law should be based on what is correct and moral. It is composed The Four Concepts. There are Certain legal values or value judgments. These values are and changing because their source is absolute. Natural law theory is disagree about the source. There's believe the source or nature God or Reason. These are all used can also be determined by human reason. Values are determined if they superseded any form of human law once a natural laws discovered any contradiction him in law is invalidated

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Negligence

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(4) is a failure to do something a reasonable and prudent person would do or doing something that a reasonable and prudent person would not do

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Nuisance

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(13)is the unreasonable or unlawful use of a person's own property when it interferes with another person's use and enjoyment of his or her property.

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Order

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(7) has different meanings in different contexts. Law usually consider is an order as a legal command issued by a judge wow order is absence of Chaos

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Ordinances

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(24, 29) laws passed by Municipal bodies. Incorporate ordinances for the protection of the public health safety and welfare

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Pleadings

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(28) are statement filed in court identifying the claims of the parties

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Police power

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(12) police power allows the government to create and enforce laws designed to protect the Public's health safety and general welfare. Laws and ordinances concerning police fire sanitation and social welfare and state and local governments Dan from police power

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Personal property

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(14)is all property with the exception of real property period in general if property is movable or tangible it is personal property

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Precedents

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(16, 25) Reliance on prior decisions is called precedent. Courts and Coleman law countries make law by establishing and following precedent

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Preponderance of the evidence

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(28) means that the evidence on this side is stronger than evidence on the other side. In other words a plainest must provide evidence of Greater weight than the defendant in order to win.

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Prescriptive theory

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(20) one that states what people should do or what should occur

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Preventive law

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(6) is law designed to prevent harm or wrongdoing before it occurs

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Private law

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(29) is the body of law that deals with the property and relationships of private persons. It includes the areas of property law contract law tort law and business relationship

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Pro per

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(7)when a person represents himself or herself in court it is called appearing Pro Persona or Pro per for short

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Pro persona

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(7) when a person appears in represents for himself or herself in court

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Proactive

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(6) means to identify potential problem areas and actively participate in resolving them

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Procedural law

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(4, 28) procedural law is devoted to how those rights and Duties are enforced

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Property law

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(29) ownership and transfer of assets

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Public law

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(29) deals with the relations between private individuals and the government. It also deals with structure and operation of the government

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Reactive

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(6) the opposite of proactive when a business is reactive and waits to see what develops and then reacts

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Real property

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(14) is land and whatever is a fix to land such as a house

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Reasonable doubt

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(28) a belief that there is a real possibility that the defendant is not guilty

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Res judicata

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(28) is a rule of civil law that prevents a person from being sued more than once but the same party for the same civil wrong

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Restatements

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(25) are not actually part of the law rather they are treaties that summarize the law on a subject. Restatements become part of the case law when a court relies on a particular section and reaching its opinion

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Shari'a

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(17) Islamic law which is based on the Quran and other religious writings.

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Smitris

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(17) a Hindu system that has been recorded in log books. Personal and religious law system.

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Sociological theory

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(19) minimizes the rule of Prior law. The source of law should be contemporary opinion and customs. Believes legislator judge should record Community interest and familiarize himself or herself with Community standards and mores and make a decision conforming to these standards

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Statute of frauds

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(9) statute of frauds states that all contracts for the sale of goods costing $500 or more must be in writing which is very clear

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Statutes

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(24, 29) are the acts of federal or state legislative bodies. They prohibit or commanded doing of something. Preferable to use the word statute when you are referring to a legislative act to distinguish it from other types of laws such as ordinances regulations common law in case

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Statutory law

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(28) statutory law refers to the statutes passed by the legislative bodies

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Stare decisis

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(25) is an ancient doctrine that means the question has been decided. The doctrine of stare decisis is also called precedence

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Substantive law

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(4, 28) deals with rights and duties given or opposed by the legal system

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Tort law

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(29) private wrongs such as negligence invasion of privacy and defamation

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Treaties

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(23, 29) formal agreements between two or more Nations. Bilateral treaties involve to Nations and multilateral treaties involve more than two Nations. Universal treaties are treaties that are recognized by almost all nations. They're not based on the Constitution

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Wrongful death

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(10) unlawful death. It does not necessarily have to involve the crime