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37 Cards in this Set
- Front
- Back
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law
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enforceable rules governing relationships among individuals and between individuals and their society
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jurisprudence
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part of the study of law involves learning about different schools of thought
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Natural law
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denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their reason
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Positive law
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(national law) applies only to the citizens of that nation or society
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Positivist school
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believe that there can be no higher law than a nation's positive law.
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Historical school
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emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system.
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Legal realism
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based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs.
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Sociological school
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A school of legal thought that views the law as a tool for promoting justice in society.
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Breaches
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breaks, or fails to perform
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Statutory law
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Law enacted by legislative bodies at any level of gov't
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ordinance
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statutes 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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laws that state consider adopting,
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administrative law
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consists of the rules, orders, and decisions of administrative agencies.
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administrative agency
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federal, state, or local 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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FTC, FCC, SEC
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case law
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judge-made law that governs all areas not covered by statutory law or adminstrative law
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remedies
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the legal means to enforce a right or redress a wrong (land, items of value, or money)
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damages
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an amount given to a party whose legal interest have been injured.
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chancellor
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had the power to grant unique remedies
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equitable maxims
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propositions or general statements of equitable rules.
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statutes of limitations
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time period for which a lawsuit can be brought
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precedent
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a decision that furnished an example of authority for deciding subsequent cases
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reporters
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or reports,
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binding authority
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a case precedent, statute, or other source of law that 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.
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legal reasoning
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reasoning process used by judges in deciding what law applies to a given dispute
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cases on point
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previously decided cases that are as similar as possible to the one under consideration
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syllogism
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a logical relationship involving a major premise, a minor premise, and a conclusion
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Substantive law
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consists of all laws that define, describe, regulate, and create legal 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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Criminal law
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wrongs committed against the public as a whole
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Civil law
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spells out the rights and duties that exist between persons and between persons and their government
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appellant
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the party appealing a case
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appellee
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the party against whom the appeal is taken
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opinions
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contains the court's reasons for its decision, the rules of law that apply, and the judgement
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citation
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reference to a publication in which a legal authority can be found
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