Chapter 1 Flashcards
(84 cards)
What is chapter 1 about
law and legal reasoning
definition of law
enforceable rules governing relationships among individuals and their society; may consist of unwritten behavior, in law code, or from the courts decisions
what must business persons always take into account, whether they know the laws at hand or not
ethics/morals; may have to consider not just whether a decisions is legal, but also whether it is ethical
that are primary sources of law
sources that establish the law
what do primary sources of law include
U.S. constitution and the constitutions of the various states/
statutory law-including laws passed by congress, state legislatures, or local governing bodies/
regulations created by administrative agencies, such as the food and drug administration/
case law and common law
what are secondary sources of law and some examples
books and articles that summarize and clarify the primary sources of law; legal encyclopedias, treatises, articles in law reviews, an compilations of law
why do courts sometimes refer to secondary sources of law
for guidance in interpreting and applying the primary sources of law discussed here
what is constitutional law
the federal government and the states have separate written constitutions that set forth general organization, powers, and limits of their respective governments, of which is expressed through it
What article says what about the constitution
article VI; supreme law of the land
what does the tenth amendment say
define the balance of power between the federal government and the state; each state in its own union has its own constitution, as long as it stays within the US one then it is considered supreme within the states borders
statutory law
written law
what happens when a legislature pass a statute
that statute ultimately is included in the federal code of laws or the relevant state code of laws
what are statutes
laws, rules, or orders
what are ordinances
statutes passed by municipal or county governing units to govern matters not covered by federal or state law; commonly about city or country land use, building and safety codes, other matters affecting the community
what is uniform laws
model statutes
why did uniform laws become a thing and when was it that they did
differences among state laws often created difficulties or conducting trade and commerce; 1892 formed National Conference of commissioners on uniform state laws
what is one of the most important uniform acts
uniform commercial Code; first issued in 1952
what does the UCC do
facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions
what is administrative law
consists of the rules, orders, and decisions of administrative agencies
what is an administrative agency
a federal, state, or local government agency established to perform a specific function
what are executive agencies
subject to the authority of the president, who has the power to appoint and remove their officers
independent regulatory agencies
presidents power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause
what is case law
the doctrines and principles announced in cases–governs all areas not covered by statutory law or administrative law and is part of our common law tradition
what is common law
a body of general rules that applied throughout the entire english realm
