Law
1. A body of enforceable rules governing relationships among individuals and between individuals and their society
2. In US, our rules consist of written laws and court decisions created by modern legislative and judicial bodies.
3. (some societies) consi
Breach
1. The failure to perform a legal obligation
*Example: Contract breach
Primary sources of law
1. A document that establishes the law on a particular issue
Examples (goes in chronological order):
1. constitution
2. statute
3. administrative rule
4. court decision (case law)
Secondary sources of law
1. Books and articles that summarize and clarify the primary sources of law.
Examples: legal encyclopedias, compilations, official comments to statutes, articles in law reviews published by law schools, articles in other legal journals
Constitutional law
1. The body of law derived from the US Constitution and the constitutions of the various states
2. Federal government and states have separate written constitutions that set written constitutions that set forth the general organization, powers and limits
Statutory Law
1. The body of law enacted by legislative bodies at any level of government, such as the statutes passed by Congress or by state legislatures (As opposed to constitutional law, administrative law, or case law)
2. When legislature passes a statute, the sta
Citation
a reference to a publication in which a legal authority-- such as statute or court decision-- or other sources can be found.
Ordinances
1. A regulation enacted by a city of county legislative body that becomes part of that state's statutory law
2. Passed by municipal or county governing units to administer matters not covered by federal or state law.
Examples: city or county land use (zon
Uniform Law
1. A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute
2. Each state has the option of adopting or rejecting uniform law
3. Only if a state legislature adopts a uniform l
Administrative Law
1.The body of law created by administrative agencies in order to carry out their duties and responsibilities
2. Consists of the rules, orders and decisions of administrative agencies.
Administrative agencies
1. A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment
Enabling legislation
1. A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose and powers of the agency being created
Adjudicate
1. To render a judicial decision; resolve judicially
2.. the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency's regulations
Administrative process
1. The procedure used by administrative agencies in administering the law
Example: FTC (Federal Trade Commission) incorporate functions associated with the legislative branch (rulemaking), the executive branch (investigation and enforcement), and the judi
Rukemaking
1. the process by which an administrative agency formally adopts a new regulation or amends an old one
Legislative rules
1. An administrative agency's rule that carries the same weight as congressionally enacted statute
2. Substantive rules, which are legally binding in all businesses
Example: Administrative Procedure act of 1946s that (APA) imposes strict procedural requir
Interpretative rule
1. A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces
2. Not legally binding on all businesses but simply indicate how agency plans to interpret and enforc
Administrative Law Judge
1. One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence and make determinations of fact.
2. ALJ can fine the charged party or prohibit the party from carrying on some s
Case law
1. The rules of law announced in court.
2. Case laws interprets statutes, regulations, constitutional provisions, and other case law.
3. The doctrines and principles announced in cases-- governs all areas not covered by statutory law or administrative law
Common law
1. The body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature
Precedent
1. A court decision that furnishes an example of authority for deciding subsequent cases involving identical or similar facts.
Stare decisis
1. A common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Binding authority
1. Any source of law that a court must follow when deciding in a case
2. Includes constitutions, statutes, and regulations that govern the issue being decided as well as court decisions that are controlling precedents within the jurisdictions.
Persuasive Authority
1. Any legal authority or source of law that a court may look to for guidance but need to follow when making its decisions
2. A court may also consider other factors, including legal principles and policies underlying previous court decisions or existing
Remedy
1. A relief given to an innocent party to enforce a right or compensate for the violation of a right.
Example: Elena is injured because of Rowan's wrongdoing. If Elena files a lawsuit and is successful, a court can order Rowan to compensate Elena for the
Plaintiff
One who initiates lawsuit.
Defendant
One against whom a lawsuit is brought, or the accused person in a criminal proceeding.
Equitable Principles and Maxim
General propositions or principles of law that have to do with fairness (equity)
Jurisprudence
The science or philosophy of law
Natural law
The oldest school of legal thought base on the belief that the legal system should reflect universal "higher" moral and ethical principles that are inherent in human nature
Legal Positivism
1. A school of legal thought centered on the assumption that there is no law higher than the laws created by national government. Laws must be obeyed, even if they are unjust, to prevent anarchy
Historical School
1. A school of legal thought that looks to the past to determine what the principles of contemporary law should be
Legal Realism
1. A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account.
Substantive Law
1. Law that defines, describes, regulates and creates legal rights and obligations
Procedural law
1. Law that establishes the methods of enforcing the rights established by substantive law.
Cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
Civil Law
1. The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Civil Law System
1. A system of law derived from Roman law that is based on codified laws (rather than on case precedent)
Criminal Law
1. The branch of law that defines and punishes wrongful actions committed against the public.
National law
law that pertains to a particular nation (as opposed to international law)
International law
the law that governs relations among nations