Ch. 1 Intro to Law and Legal Reasoning Flashcards Preview

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Flashcards in Ch. 1 Intro to Law and Legal Reasoning Deck (36)
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1

What is a breach?

breaks, or fails to perform in the contract

2

What is ethics?

the study of what constitutes right or wrong behavior

3

What are secondary sources of law?

books and articles that summarize and clarify the primary sources of law

4

What is Constitutional Law?

law as expressed in the constitution

5

What is statutory law?

laws enacted by legislative bodies at any level of government

6

What are ordinances?

statutes (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law

7

What are uniform laws?

model laws for the states to consider adopting

8

What does administrative law consist of?

rules, orders, and decisions of administrative agencies

9

What is an administrative agency?

federal, state, or local government agency established to perform a specific function

10

What is an executive agency?

agencies at the national level under the executive branch that is subject to the authority of the president who has the power to appoint and remove their officers

11

What is an independent regulatory agency?

agencies at the federal level where the presidents power is less pronounced. the officers serve fixed terms and cannot be removed without just cause.

12

What is case law?

the rules of law announced in court decisions

13

What is common law?

a body of general rules that applied throughout the English realm.

14

What is a remedy?

the legal means to enforce a right or redress a wrong

15

What are damages?

an amount given to a party whose legal interests have been injured

16

What are equitable maxims?

propositions or general statements of equitable rules

17

What is a defense?

an argument raised by the defendant (party being sued) indicating why the plaintiff (suing party) should not obtain the remedy sought

18

What is judge-made law?

when judges decide legal controversies

19

What is a precedent?

a decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles

20

What is a reporter?

volumes where cases are reported

21

What is stare decisis?

the practice of deciding new cases with reference to former decisions. it means "to stand on decided cases"

22

What is a binding authority?

any source of law that a court must follow when deciding a case

23

What is public policy?

governmental policy based on widely held societal values

24

What is legal reasoning?

the reasoning process used by judges in deciding what law applies to a given dispute and then applying the law to the specific facts or circumstances of the case

25

What is an allege?

a claim that the defendant committed at tort

26

What are cases on point?

previously decided cases that are similar to the one under consideration

27

What is linear reasoning?

reasoning that proceeds from one point to another with the final point being the conclusion

28

What is reasoning by analogy?

to compare facts at hand to those in another case and to present the same rule of law to the present case.

29

What is jurisprudence?

learning about different schools of jurisprudential though and discovering how the approaches to law characteristic of each school can affect decision making

30

What is legal positivism?

believing that there can be no higher law than a nations positive law