CH 1: Law and Legal Reasoning

Question 1

What is law

Answer 1

body of enforceable rules governing the relationships among indv. and btw indv. and their society

Question 2

regardless of how rules are created they all

Answer 2

establish rights, duties, and privledges

Question 3

ways law affects businesses

Answer 3

hiring, firing, safety procedures

Question 4

YT vs Viacom

Answer 4

Viacom sued yt (infringement lawsuit) bc they were not taking the steps to remove viacom content off of yt when they were required by law after viacom asked

Question 5

what are the 4 primary sources of law

Answer 5

1-US constitution
2-statutory law (laws passed)
3-regulations (created by admin agencies)
4-case law (court decisions)

Question 6

what is primary source of law

Answer 6

source that establishes the law on a particular issue

Question 7

liability

Answer 7

being legally responsible for smth

Question 8

secondary law

Answer 8

source that interprets the primary law

Question 9

constitutional law

Answer 9

body of law derived from the U.S constitution that deals w the principals by which the govt excersies authority

Question 10

statutory law

Answer 10

law created by legislative bodies at the federal, state, and local level (includes local ordinances)

Question 11

local ordinances

Answer 11

laws made by cities/counties to address issues not covered by federal or state laws.

Question 12

uniform law

Answer 12

“model laws” that states have the option to adopt to become a law for that state.

Also have the option to modify and rewrite them

Question 13

Uniform commercial code UCC

Answer 13

governs commerical transactions for all 50 states

Question 14

administrative law

Answer 14

rules and regulations made by admin agencies

Question 15

federal law

Answer 15

executive agencies
-FDA, dept of human health
-subject to authority of the president

independent regulatory agencies
-FTC, SEC
-president has less authority

Question 16

state/local agencies

Answer 16

regulations made on a state/local level

-usually parallels federal rules

Question 17

rulemaking

Answer 17

imp funct of admin agency to make new regulations or amend old ones but the APA sets strict procedures that agencies must follow when making these rules

Question 18

making rules under APA steps

Answer 18

1- notice of the proposed rule making
2-comment period
3- the final rule

Question 19

APA steps definition

Answer 19

Notice of the proposed rulemaking- notice must be published in the Federal Register

comment period-must allow ample time for interested parties to comment in writing on the rule which are taken into consideration

the final rule-once final rule is drafted it is published in the federal register

Question 20

interpretive rules

Answer 20

rules that r not legally binding but indicate how agency plans to interpret and enforce statutory authority

Question 21

case law

Answer 21

laws created by decisions of the court

Question 22

common law

Answer 22

body of law developed from judicial decisions in english and us courts

(case law is part of this)

Question 23

stare decisis

Answer 23

common law doctrine in whcih judges are obligated to follow the precedents established in prior decisions in their jurisdiction

Question 24

what is jurisdiction

Answer 24

geographic area in which courts have the power to apply the law

Question 25

controlling precedent

Answer 25

Precedent that MUST be followed within a jurisdiction

Question 25

2 aspects of stare decisis

Answer 25

1- court should not overturn precedent without strong reason to do so 2-decisions made by a higher court are binding on lower courts

Question 26

binding authority

Answer 26

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

Question 27

is there a correct answer to legal question

Answer 27

NO

Question 27

what if no precedent?

Answer 27

court looks at persuasive authority, legal authority, or source of law for guidance but need not to follow it

Question 28

steps of legal reasoning

Answer 28

1-issue- what are the key facts and issues of the case 2-rule- what rule of law applies to this case 3-application-How does the rule of law apply to the particular facts and circumstances of this case? 4-conclusion- what should b the conclusion

Question 29

plaintiff vs defendant

Answer 29

plaintiff- the one who initiates the lawsuit defendant- the one being sued

Question 30

remedy

Answer 30

relief given to innocent party to enforce their rights or compensate

Question 31

equity

Answer 31

branch of law founded on notions of justice and fair dealing

Question 32

what are the 2 classifications of law

Answer 32

substantive and procedural law

Question 33

substantive law

Answer 33

laws that define, regulation, and create legal rights

Question 34

procedural law

Answer 34

laws that establish the methods of enforcing the rights that are established by substantive law

Question 35

civil law

Answer 35

rights and duties that exist btw persons and their govt -one party sues another party

Question 36

criminal law

Answer 36

branch of law that defines and punishes wrongful actions in which society demands redress

Question 37

civil law system

Answer 37

based on code of law rather than precedent

Question 38

national vs international law

Answer 38

National law-law that pertains to a particular nation International law-law that governs the relations among nations