Chapter 1: Intro to Law and Legal Reasoning

Question 1

Statutory Law

Answer 1

Laws enacted by legislative bodies at any level of government. Also includes ordinances (laws, rules, or orders) passed by municipal or county governing units..

Question 2

What are the 4 sources of American Law?

Answer 2

The constitution, Statutes, Regulations, and Common Law

Question 3

Define: Constitutional Law

Answer 3

The law as expressed in the federal and state constitutions that set forth the general organization powers, and limits of their respective governments.

Question 4

Define: Statutory Law

Answer 4

Laws enacted by legislative bodies at any level of government (passed by Congress or State Legislatures.

Question 5

True or False: Statutory Law includes local ordinances?

Answer 5

True: statutory law includes the laws, rules, or orders passed by municipal or county governing units to govern matters not covered by Federal or State law.

Question 6

What are some examples of local ordinances?

Answer 6

Building codes, zoning, health and safety codes

Question 7

Define: Administrative Law

Answer 7

Rules, orders, and decisions of administrative agencies

Question 8

What are some examples of administrative agencies?

Answer 8

Federal, State, or Local government agencies established to PERFORM A FUNCTION.

Question 9

Define: Case Law and Common Law Doctrines

Answer 9

The rules of law announced in court decisions. Including interpretations of constitutional provisions, statutes enacted by legislatures, and regulations created by administrative agencies. Governs all areas not covered by statutory law or administrative law.

Question 10

Which source of American law is part of our “Common Law” tradition?

Answer 10

Case Law/Common Law

Question 11

Define: Stare decisis

Answer 11

“to stand on the law”, it is the practice of deciding new cases with reference to former decisions, or precedents. Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions.

Question 12

Define:Binding Authority

Answer 12

any source of law that a court must follow when deciding a case. Also known as “controlling precedents in a jurisdiction”.

Question 13

What are different types of “Binding Authority”?

Answer 13

constitutions, statutes, and regulations that govern the issue being decided, as well as previous court decisions.

Question 14

Do precedents always have to be followed?

Answer 14

Yes, Controlling precedents in a jurisdiction are considered Binding authorities. Once a court has set forth a principle of law as being applicable to a certain set of facts, that court and courts of lower rank within the same jurisdiction must adhere to that principle and apply it in future cases. A COURT SHOULD NOT OVERTURN ITS OWN PRECEDENTS UNLESS THERE IS A COMPELLING REASON TO DO SO.

Question 15

Define: plaintiff/petitioner

Answer 15

the suing party

Question 16

Define: defendant/respondent

Answer 16

the party being sued

Question 17

Define: appellant

Answer 17

the party appealing the case

Question 18

Define: appellee

Answer 18

party against whom the appeal is taken

Question 19

What is “Civil Law”?

Answer 19

Civil Law spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person’s rights are violated.

Question 20

Define: Unanimous

Answer 20

When everyone agrees; this will be the only opinion written if the case is unanimous

Question 20

Define: Unanimous

Answer 20

When everyone agrees; this will be the only opinion written if the case is unanimous

Question 21

Concurring Opinion

Answer 21

this is a separate opinion written by a justice on the (winning) side but outlines different reasons for reaching the same conclusion.

Question 21

Concurring Opinion

Answer 21

this is a separate opinion written by a justice on the (winning) side but outlines different reasons for reaching the same conclusion.

Question 22

Dissenting Opinion

Answer 22

expresses the view of the justices on the losing side. The reason that the losers bother to write an opinions that they want to leave their viewpoints on record for use as argument for future lawyers/judges to argue for a change in the precendent

Question 22

Dissenting Opinion

Answer 22

expresses the view of the justices on the losing side. The reason that the losers bother to write an opinions that they want to leave their viewpoints on record for use as argument for future lawyers/judges to argue for a change in the precendent

Question 23

Per Curiam

Answer 23

Latin for “By the court” sort of anonymous because it is not authored by a specific Justice, done sometimes to present a unified front, sometimes to prevent on justice from getting the glory or the flack.

Question 23

Per Curiam

Answer 23

Latin for “By the court” sort of anonymous because it is not authored by a specific Justice, done sometimes to present a unified front, sometimes to prevent on justice from getting the glory or the flack.