Chapter 5. American Law

Question 1

Law

Answer 1

A body of rules of conduct established and enforced by the controlling authority (the government) of society

Question 2

Constitutional Law

Answer 2

Law based on the U.S. constitution and the constitution of the law.

Question 3

Primary Sources of law

Answer 3

In legal research, a document that establishes the law on a particular issue

Question 4

Secondary Sources of law

Answer 4

In legal research, any publication that indexes, summarizes, or interprets the law, such as a legal encyclopedia, a treatise, or an article in a law review.

Question 5

Case Law

Answer 5

Rules of law announced in court decisions.

Question 6

Common Law

Answer 6

A body of law developed from custom or judicial decisions in English and U.S. courts and not by a legislature.

Question 7

Precedent

Answer 7

A court decision that furnishes authority for deciding later cases in which similar facts are presented.

Question 8

Stare Decisis

Answer 8

The doctrine of precedent, under which a court is obligated to follow earlier decisions of that court or higher courts within the same jurisdiction.

This is a major characteristic of the common law system.

Question 9

Binding authority

Answer 9

a. Any source of law that a court must follow when deciding a case.
b. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

Question 10

Persuasive Precedents

Answer 10

a. A precedent decided in another jurisdiction that a court may either follow or reject but that is entitled to careful consideration.

Question 11

Cases of first impression

Answer 11

a. A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction.

Question 12

Public Policy

Answer 12

a. A governmental policy based on widely held societal values.

Question 13

Remedies

Answer 13

The means by which a right is enforced, or the violation of a right is prevented or compensated for.

Question 14

Courts of law

Answer 14

a. A court in which the only remedies were things of value, such as money.
b. In England, courts of law were different from courts of equity.

Question 15

Remedies at law

Answer 15

a. A remedy available in a court of Law.

b. Money damages and items of value are awarded as a remedy at law.

Question 16

Remedy in equity

Answer 16

a. A remedy allowed by courts in situations where remedies at law are not appropriate.
b. Remedies in equity are based on rules of fairness, justice, and honesty.

Question 17

Courts of Equity

Answer 17

a. A court that decides controverses and administers justice according to the rules, principles, and precedents of equity.

Question 18

Equitable Principles and maxims

Answer 18

a. Propositions or general statements of rules of law that are frequently involved in equity jurisdiction.

Question 19

Laches

Answer 19

a. An equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.

Question 20

Specific Performance

Answer 20

a. An equitable remedy requiring the performance that was specified in a contract; usually granted only when money damages would be an inadequate remedy and the subject mater of the contract is unique (for example, real property).

Question 21

Injunction

Answer 21

a. A court decree ordering a person to do or to refrain from doing a certain act.

Question 22

Citation

Answer 22

a. A reference that indicates where a particular constitutional provision, statute, reported case, or article can be found.

Question 23

Parties

Answer 23

a. With respect to lawsuits, the plaintiff, or the defendant. Some cases involve multiple parties.
b. A social gathering of invited guests.
c. A group that represents a person’s political view.

Question 24

Opinion

Answer 24

a. A statement by the court setting forth the applicable law and the reasons for its decision in a case.
b. Someone’s own thoughts that is not backed up with facts.

Question 25

Adversarial System of Justice

Answer 25

a. A legal system in which the parties to a lawsuit are opponents, or adversaries, and present their cases in light most favorable to themselves.
b. The impartial decision maker (the judge or jury) determines who wins bases on an application of the law to the evidence presented

Question 26

Supremacy Clause

Answer 26

a. The provision in Article VI of the U.S. Constitution that declares the Constitution, Laws, and treaties of the United States “the supreme Law of the Land.”

Question 27

Bill of Rights

Answer 27

The first ten amendments to the U.S. Constitution.

Question 28

Statutes!!!!

Answer 28

A written law enacted by a legislature under its constitutional lawmaking authority.

Question 29

statutory law

Answer 29

The body of written laws enacted by the legislature.

Question 30

federal system

Answer 30

The system of government established by the Constitution, in which the national government and the state governments share sovereign power.

Question 31

checks and balances

Answer 31

A system in which each of the three branches of the national government— executive, legislative, and judicial—exercises a check on the actions of the other two branches.

Question 32

public law number

Answer 32

An identification number assigned to a statute.

Question 33

Preemption

Answer 33

A doctrine under which a federal law preempts, or takes precedence over, conflicting state and local laws.

Question 34

ordinance

Answer 34

An order, rule, or law enacted by a municipal or county government to govern a local matter as allowed by state or federal legislation.

Question 35

administrative law

Answer 35

A body of law created by administrative agencies in the form of rules, regulations, orders, and decisions in order to carry out their duties and responsibilities.

Question 36

administrative agency

Answer 36

A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules relating to the purpose for which they were established.

Question 37

enabling legislation

Answer 37

A statute enacted by a legislature that authorizes the creation of an administrative agency and specifies the name, purpose, composition, and powers of the agency being created.

Question 38

adjudicate

Answer 38

To resolve a dispute using a neutral decision maker.

Question 39

rulemaking

Answer 39

The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones.

Question 40

administrative law judge (ALJ)

Answer 40

One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

Question 41

national law

Answer 41

Law that relates to a particular nation (as opposed to international law).

Question 42

civil law system

Answer 42

A system of law based on a code rather than case law, often originally from the Roman Empire; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.

Question 43

International law

Answer 43

The law that governs relations among nations. International customs and treaties are generally considered to be two of the most important sources of international law.

Question 44

treaty

Answer 44

An agreement, or compact, formed between two independent nations.

Question 45

Primary Sources of Law Examples:

Answer 45

such as:
case decision
legislative act
administrative rule
presidential order.