Chapter 1 Flashcards
(19 cards)
Functions of Law
Keep the peace, sharing moral standards, promoting moral justice, maintaining the status quo, facilitating orderly change, facilitating planning, providing a basis for compromise, and maximizing individual freedom
American law is both blank and blank
Fair, Flexible
Judge made law
Common Law
Granted only monetary damages
Law Courts
Created remedies made to fix the situation
Courts of Chancery
Based on common trade practices
Merchant Court
Sources of Law in the United States
1) Common Law 2) Statutory Law
Man/voter made law. Communicated through rules, regulations, and statutes
Statutory Law
The Supreme law of the United States
Constitution
A compact made between two or more nations
Treaty
Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to
Statute
Law enacted by local government bodies
Ordinance
An order issued by a member of the executive branch
Executive Order
Created and empowered by the legislative and executive branches of government
Administrative Agencies
A decision about an individual lawsuit issued by a federal or state government
Judicial Decision
A rule of law established in a court decision. Guideline for lower courts established by higher courts
Precedent
Latin for “Let the decision stand”
Stare Decisis
A process that consists of a series of questions and answers and a give-and-take inquiry and debate between a professor and students
Socratic Method
A method used to examine a law case
IRAC Method
