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27 Cards in this Set
- Front
- Back
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Intrastate Commerce vs. Interstate Commerce
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Intra- commerce within a single state
Inter- commerce between multiple states |
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Statutes
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laws enacted by state or federal legislatures
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UCC (Uniform Commercial Code)
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a uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practices
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What is law in the U.S. modeled after?
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English common law
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Stare decisis
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to stand on decided cases; the practice of deciding new cases by considering former decisions
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Criminal law
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law related to wrongs committed against the public, punishable by fines, imprisonment, or both
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Crime
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punishable offense against society
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Equitable solution
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a fair solution
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Tort
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a private or civil wrong for which the law grants a remedy
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Constitution
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a document that sets forth the framework of a government and its relationship to the people it governs
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Stages/development of the legal system
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1. Individuals take revenge for the wrongs done to them.
2. Awards of money or goods are substituted for revenge. 3. Court systems are formed. 4. A central authority figure intervenes to prevent and punish wrongs. |
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Common law vs. Positive law
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-Common law is law based on the current standards or customs of the people
-Positive law is law based on the dictates of a central political authority |
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Criminal law va. Civil law
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-Criminal law is law related to wrongs committed against the public, punishable by fines, imprisonment, or both
-Civil law is law related to the duties that exist generally between persons or between persons and the government, except the duty not to commit crimes |
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Ordinance
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legislation enacted by a town, city, or county board or commission
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Precedent
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court decisions become precedent for later cases
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How many Constitutions do we have?
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51
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Case law
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rules of law announced in the court decisions
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Procedural law
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legal rules for processing civil and criminal cases through the court system
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Substantive law
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law that defines duties, establishes rights, and prohibits wrongs
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Laws
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enforceable rules of conduct in society
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Why is precedent important?
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-Makes our legal system and courts more efficient; serves as a guideline rather than starting from scratch
-Gives stability to our legal systems -Keeps personal biases from entering into judges' decisions |
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When is precedent overturned?
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-When reasoning used in previous court decisions in no longer valid
-Changes in society and technology |
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Inquisitorial system
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a legal system that allows judges to investigate, question witnesses, and seek out evidence (Germany, Argentina, France, etc.)
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Examples of Criminal Law
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-Murder
-Theft -Speeding |
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Examples of Civil Law
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-Breach of contract
-Fight resulting in personal injury -Personal injury resulting from an accident |
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Statute of limitations
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a statute that requires anyone from claiming a legal right against another to begin proceedings to enforce the right
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Why do we have statute of limitations?
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-fairness
-memory- witnesses can't recall -procedural issues are argued by the attorney before a judge because they are questions of law -can cause a winning case to lose |
