Chapter 1. Flashcards
(19 cards)
Public Law
Rules regarding relationships between individuals and society
Private law
Law relating to the relationship between private individuals
Substantive law
Law that defines the substance of our legal rights and duties
Procedural law
Legal procedures used to enforce our legal rights and duties
Criminal law
Law relating to offenses defined by a legislature as criminal
Civil law
Law relating to obligations created by contract or civil law
English common law system
Uses judges decisions in cases as a source of law
Constitutional law
Includes the US constitution and how is interpreted. Highest law
Case law
Judges decision/ruling in a court case
Statutory/codified law
Laws created by legislatures
Administrative law
Regulations and rulings by administrative agencies
Statutory interpretation
Power to define and give practical effect to a statute passed by a legislature
Judicial review
Power to declare any governmental action unconstitutional through the power to interpret the constitution
Precedent
Where a similar earlier case is used to decide present case
Stare decisis
Practice of following precedent
Legal remedies
Award monetary compensation
IRAC method
Issue
Rule
Analysis
Conclusion
Remedies
Methods used to fix a legally commendable wrong committed by defendant against plaintiff
Equitable remedies
Include a variety of means such as a restraining order
