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32 Cards in this Set
- Front
- Back
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Administrative agencies
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Agencies (such as the SEC and the Federal Trade Commission) that the legislative and executive branches of federal and state governments are empowered to establish. Most are able to adopt administrative rules and regulations to interpret the statutes that the agency is authorized to enforce. These rules and regulations have the force of law. Can hear and decide disputes.
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Administrative rules and regulations
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Given to agencies by Congress which allows them to interpret the statutes that the agency is authorized to enforce. These have the power of law.
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analytical school
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maintains the law is shaped by logic. Results are reached by applying principles of logic to the specific facts of the case. The emphasis is on the logic of the result rather than on how the result is reached.
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Codified law
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The federal and state statutes enacted by the legislative branch are organized by topic into code books this is codified law.
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Command School
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Believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. The law changes when the ruling class changes.
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Constitutions
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There is the const. of the US and then there are individual state const. which are modeled after the US const. although many are more detailed. These State const. establish the legislative, executive, and judicial branches of state govt. and establish the powers of each branch. Provisions in these constitutuiosn are valid unless they conflict with the US Const.
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The Constitution of the United States of America
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SUPREME LAW OF THE LAND! Any statute or law--federal, state, or local--that conoflicts with the const is unconstitutional and unenforceable. The principles in here are extremely broad because the founding fathers intended them to be applied to evolving social, technologicalm and econ conditions. Often called the living document because it is so adaptable.
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Court of Chancery (equity courts)
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courts under autority of the lord chancellor. Persons who believed the decision of the law court was unfair could go to this court which, rather than emphasize proceedure, inquired into the merits of the case. These orders took precedence over legal decisions and remedies of law courts in the english system.
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Critical Legal Studies School
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Proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. They argue legal disputes should be solved by applying arbitrary rules that are based on broad notions of what is "fair" under each circumstance. Under this theory, subjective decision making by judges would be permitted.
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Doctrine of stare decisis
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Past court decisions beconme precedent for deciding future cases. Adherence to the precedent is called the doctrine of stare decisis (to stand by the decision). This doctrine promotes uniformity of law within a jurisdiction which makes the system more predictible for individuals and more efficient. However, a court may later change or reverse its legal reasoning if a new case is presented to it and a change is warranted.
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English Common Law
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was law developed by judges who issued their opinions when deciding cases. The principles announced in these cases were precedent for later judges deciding similar cases. Can be divided into cases decided by law courts, equity courts and merchant courts.
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Executive branch (president)
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has the power to enforce the law
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Executive orders
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Issued by the president and governors of states. hey regulate the conduct of covered parties. Derived from express delegation from legislative branch is implied by US const. Example: When US is at war with another country pres. can issue executive orders prohibiting US companies from selling goods and services to that country. It is an order issued by a member of the executive branch of the government.
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federal statutes what do they regulate?
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regulate foreign and interstate commerce.
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Historical School
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Believes that law is an aggregate of social traditions and customs. Changes in norms of society will be gradually reflected in law. To them law is an evolutionary process.
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Judicial branch(courts)
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Has the power to interpret and determine the validity of law.
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Judicial decision
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A decision about an individual lawsuit issued by a federal or state judge. In it a judge usually explains the logiccal reasoning used to decide the case. Many are printed in books that are available in law libraries.
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jurisprudence
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The philosophy or science of law. Several different philosophies.
1. natural law school 2. historical school 3. analytical school. 4. sociological school 5. command school 6. critical legal studies 7. law and economics school |
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Law
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That which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
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Law Courts
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Part of the English Common Law system. Wiliam the conqueror began these courts. The judges were charged with administering the law in a uniform manner. Law at the time tended to emphasize the legal rocedure over the substance of a case. The only relief was monetary award for damage.
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Law and Economics School (Chicago school)
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believes promoting market efficiency should be the central concern of legal decision making.
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Law Merchant
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Merchants who traveled about England and Europe developed certain rules to solve their commercial disputes. These rules called Law Merchant were based on common trade practices and usage.
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Legislative branch (congress)
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power to make (enact) the law.
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Merchant Court
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After merchant law was developed merchant court developed in which you could go to seettle the disputes.
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Natural Law School
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Postulates that law is based on what is "correct". Emphasizes a moral theory of law--that law should be based on morals and ethics.
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Order
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A decision set forth by an administrative agency
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ordinance
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Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts. They establish codes of conducts that covered parties must follow.
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precedent
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a rule of law established in a court decision. Lower courts must follow the precedent established by higher courts.Once a court resolves a particular issue, other courts addressing the same issue will generally follow the prior decision.
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Sociological School
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Asserts that the law is a means of achieving and advancing certain sociological goals.
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Statutes
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Written laws that establish certain courses of conduct that must be adhered to by covered parties. Statutes are enacted by Congress and state legislatures.
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Treaty
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The president, with the advice and consent of 2/3rds of the Senate, may enter into treaties with foreign countries.
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Functions of the law
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1. keeping the peace
2. shaping moral standards 3. promoting social justice 4. maintaining the status quo 5. facilitating orderly change 6. facilitating planning 7. providing a basis for compromise 8. maximizing individual freedom. Examples of each type of law found on pg. 4 |
