CH 1

Question 1

Primary Sources of law

Answer 1

The U.S. Constitution, Statutory law, Regulations, Case law, and common law doctrines.

Question 2

Secondary Sources of law

Answer 2

Summarize and
clarify the primary sources of law.
Ex: Legal Encyclopedias, Law Review Articles, Restatements of The Law

Question 3

Common Law

Answer 3

A body of general rules that applied throughout the entire English realm. Because of our colonial heritage, much of American law is based on the English legal system

Question 4

In the English common law, there
were two separate court systems:

Answer 4

1. Courts of law granted limited kinds of (monetary) remedies such as land, items of value, and money
2. Courts of equity awarded non-monetary relief (remedies in equity) such as specific performance, injunctions, and rescissions.

Question 5

Courts of Law and Equity merged…

Answer 5

We still recognize legal remedies and
equitable remedies. A party to a lawsuit can request both
legal and equitable remedies in the
same action, and the trial court judge
may grant either or both forms of
relief.

Question 6

Stare Decisis

Answer 6

Common law is judge-made law. When possible, judges attempted to be consistent and to base their decisions on the principles suggested by earlier cases

Question 7

Stare Decisis (pt 2)

Answer 7

“stand on decided cases”
a common law doctrine under which judges must follow the precedents established in prior decisions.

Question 8

Precedent

Answer 8

A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. It helps the courts be more efficient and makes the law more stable and predictable.

Question 9

Doctrine of Stare Decisis

Answer 9

1. A court should not overturn its own
   precedents unless there is a compelling
   reason to do so.
2. Decisions made by a higher court within
   the same jurisdiction are binding on lower
   courts.

Question 10

Binding Authority

Answer 10

Any source of law that a court must follow when deciding a case.

Question 11

Binding Authorities include…

Answer 11

Constitutions, statutes, and regulations
that govern the issue being decided; and
Court decisions that are controlling
precedents within the jurisdiction.

Question 12

The highest court in a jurisdiction can
depart from precedent if it decides that:

Answer 12

• The precedent is incorrect, or
• The technological or social changes have rendered the precedent inapplicable.
  Ex: Brown v. Board of Education overturned Plessy v. Ferguson.

Question 13

Persuasive Authority

Answer 13

Used in cases of first impression, or those cases that have no precedent. Any primary or secondary source of law that a court may consult for guidance but that is not binding on the court.

Question 14

Persuasive Authority sources:

Answer 14

Precedents from other jurisdictions; interpretations of other similar statutes or laws; issues of fairness, social values, and customs; and unpublished opinions.

Question 15

IRAC Method

Answer 15

The legal reasoning process that is used to decide cases regardless of length and complexity

Question 16

IRAC Acronym

Answer 16

Issue—What are the key facts and issues?
Rule—What rule of law applies to the case?
Application—How does the rule of law apply to the particular facts and circumstances of this case?
Conclusion—What conclusion should be
drawn?

Question 17

Stare Decisis & Legal Reasoning

Answer 17

There is no single “right” answer to most
legal questions.
*Good arguments can be made to support either side of the controversy.
*Judges have personal beliefs that can affect decisions.
*Outcomes to lawsuits cannot be predicted with certainty.

Question 18

The Common Law Today

Answer 18

Today, the common law governs transactions not covered by statutory or administrative law.
*Even where there is a statute, courts must interpret such statutes.
*Judges interpret and apply the law, but do not (in theory) make laws.

Question 19

Classifications of Law

Answer 19

1. Substantive or Procedural
2. Civil or Criminal

Question 20

Substantive Law

Answer 20

Consists of all laws that define, describe, regulate, and create legal rights and obligations.

Question 21

Procedural Law

Answer 21

Consists of all laws that that outline the methods of enforcing the rights established by substantive law.

Question 22

Civil Law

Answer 22

Spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person’s rights are violated.

Question 23

Burden of Proof

Answer 23

In most cases, plaintiff must prove his/her case by a preponderance of the evidence.

Question 24

Criminal Law

Answer 24

Concerned with wrongs committed against the public as a whole.
*Criminal acts are defined and prohibited by local, state, or federal government statutes.
* A defendant is prosecuted by a US Attorney (federal) or a District Attorney (state).
* Burden of Proof: Beyond a reasonable doubt.

Question 25

Cyberlaw

Answer 25

The emerging body of law that governs transactions conducted via the internet. * Cyberlaw is not really a classification of law, nor is it a new type of law. * Rather, it is an informal term used to refer to both new laws and modifications of traditional laws that relate to the online environment.

Question 26

United States Code

Answer 26

When Congress passes laws, they are collected in a publication entitled the United States Code. *When state legislatures pass laws, they are collected in similar state publications. *Most frequently, however, laws are referred to in their codified form—that is, the form in which they appear in the federal and state codes.

Question 27

Trial Courts

Answer 27

Those in which evidence is presented and testimony is given. *Trial court decisions can be appealed to a higher court, typically an appellate court (intermediate court of appeals).

Question 28

Trial Courts (pt 2)

Answer 28

Even after a case has been appealed to an intermediate appellate court, it may be further appealed to an even higher court, such as a state supreme court or the U.S. Supreme Court.

Question 29

Plaintiff

Answer 29

The party who initiates a lawsuit.

Question 30

Defendant

Answer 30

The party against whom the lawsuit is brought.

Question 31

Appellant

Answer 31

The party who takes an appeal from one court to another.

Question 32

Appellee

Answer 32

The party against whom an appeal is taken.

Question 33

Damages

Answer 33

A monetary award sought as a remedy for a breach of contract or a tortious act.

Question 34

Statute of Limitations

Answer 34

A federal or state statute setting the maximum time period during which a certain action can be brought, or certain rights enforced.

Question 35

Judge/Justice

Answer 35

The terms judge and justice are usually synonymous and represent two designations given to judges in various courts.

Question 36

Opinion

Answer 36

The court’s reasons for its decision, the rules of law that apply, and the judgment.

Question 37

Unanimous Opinion

Answer 37

An opinion that represents the view of all the judges who heard a case.

Question 38

Majority Opinion

Answer 38

A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.

Question 39

Concurring Opinion

Answer 39

A court opinion by one or more judges who agree with the majority opinion but not the legal reasoning behind the opinion.

Question 40

Dissenting Opinion

Answer 40

An opinion by one or more judges who disagree with the majority’s opinion.

Question 41

Plurality Opinion

Answer 41

An opinion that has the support of the largest number of judges, but less than a majority of them.

Question 42

Per Curiam Opinion

Answer 42

A unanimous opinion that does not indicate which judge wrote it.

Question 43

Texas Court of Criminal Appeals

Answer 43

Court of last resort for criminal appeals