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Business Law & Ethics > Chapter 1: Introduction to Law > Flashcards

Chapter 1: Introduction to Law Flashcards

1
Q

What is the nature of law?

A

The law evolves gradually and will continue to change. It is not a pure science based on unchanging truths but results from a continuous effort to balance individual and group rights within society.

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2
Q

What is the primary function of law?

A

The primary function of law is to maintain stability in the social, political, and economic systems while allowing for change.

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3
Q

What specific functions does law perform to maintain stability?

A

Law performs functions such as dispute resolution, protection of property, and preservation of the state.

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4
Q

How does law resolve disputes in society?

A

Law resolves disputes through an evolving set of rules, offering societal remedies (administered by courts) instead of private remedies like revenge.

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5
Q

What is a crucial function of law in relation to property?

A

Law protects the owner’s use of property and facilitates voluntary agreements (contracts) for exchanges of property and services.

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6
Q

How does law preserve the state?

A

Law ensures changes in leadership and the political structure occur through political actions like elections, legislation, and referenda, rather than through revolution or rebellion.

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7
Q

What is the primary function of legal sanctions?

A

Legal sanctions ensure that legal rules are enforced, making laws effective and enforceable.

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8
Q

What is an example of a sanction in a civil (noncriminal) case?

A

An example is the seizure and sale of a debtor’s property who fails to pay a court-ordered obligation (a judgment).

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9
Q

How can a court enforce its order in a civil case if the offender does not comply?

A

A court can find the offender in contempt and sentence them to jail until they obey the court’s order.

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10
Q

What are the principal sanctions in criminal cases?

A

The principal sanctions in criminal cases are fines, imprisonment, and capital punishment.

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11
Q

How are law and morals related?

A

Although moral and ethical concepts greatly influence the law, they are not the same. Law and morals intersect in some areas but differ in others.

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12
Q

What are examples of ideas that are both moral and legal?

A

Examples include “Thou shall not kill” and “Thou shall not steal,” which are both moral precepts and legal constraints.

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13
Q

What part of the legal system is unrelated to morals?

A

The part of the legal system unrelated to morals includes rules such as driving on the right side of the road or registering to vote.

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14
Q

What are examples of moral precepts not enforced by law?

A

Examples include the moral principle that you should not stand by and watch a blind man walk off a cliff or that you should provide food to a starving child.

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15
Q

How are law and justice different?

A

Law and justice are separate and distinct concepts. Law is necessary for justice, but law itself does not guarantee justice.

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16
Q

How can justice be defined?

A

Justice is the fair, equitable, and impartial treatment of the competing interests and desires of individuals and groups, with due regard for the common good.

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17
Q

Does law always guarantee justice?

A

No

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18
Q

How have totalitarian societies shaped legal systems?

A

Totalitarian societies often shaped formal legal systems around the atrocities they sanctioned, using law to justify injustices.

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19
Q

What are the three main categories used to classify law?

A
  1. Substantive and procedural
  2. Public and private
  3. Civil and criminal
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20
Q

What is a right in legal terms?

A

A right is the capacity of a person to require another person, with the aid of the law, to perform or refrain from performing a certain act.

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21
Q

What is a duty in legal terms?

A

A duty is the obligation the law imposes upon a person to perform or refrain from performing a certain act.

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22
Q

How are rights and duties related?

A

Rights and duties are correlatives: no right can exist without a corresponding duty resting upon another person or, in some cases, upon all persons.

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23
Q

What does substantive law do?

A

Substantive law creates, defines, and regulates legal rights and duties. For example, contract law rules that determine when a binding contract is formed are rules of substantive law.

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24
Q

What is procedural law?

A

Procedural law establishes the rules for enforcing the rights created by substantive law and defines the method for obtaining a remedy in court.

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25
What is public law?
Public law is the branch of substantive law that deals with the government's rights and powers in its political or sovereign capacity and in its relations to individuals or groups. It includes constitutional, administrative, and criminal law.
26
What is private law?
Private law governs individuals and legal entities (such as corporations) in their relations with one another. Business law is primarily a form of private law.
27
What is the difference between civil law and criminal law?
Civil law defines duties violated against an individual, whereas criminal law defines duties violated against the whole community. Civil law is a part of private law, and criminal law is a part of public law.
28
What is the purpose of civil law?
The purpose of civil law is to compensate the injured party for the damage or injury caused by the defendant's wrongful conduct.
29
What is the burden of proof in a civil action?
The burden of proof in a civil action is on the plaintiff, who must prove their case by a preponderance (greater weight) of the evidence.
30
What are the principal forms of relief in civil law?
The principal forms of relief in civil law are a judgment for money damages and a decree ordering the defendant to perform a specified act or to desist from specified conduct.
31
What is a crime?
A crime is any act or omission prohibited by public law, punishable by the government in a judicial proceeding, aimed at protecting the public.
32
What is the burden of proof in a criminal case?
The government must prove criminal guilt beyond a reasonable doubt, which is a higher burden of proof than in civil cases.
33
What are the purposes of criminal law?
The purposes of criminal law include punishment, deterrence, rehabilitation, and safeguarding the government, human life, or private property.
34
What are the sources of law in the U.S. legal system?
The sources of law include the Federal and State constitutions, Federal treaties, interstate compacts, Federal and State statutes and executive orders, local municipal ordinances, rules and regulations of administrative agencies, and court decisions.
35
What is the supreme law of the land in the U.S.?
The U.S. Constitution is the supreme law of the land, and Federal statutes and treaties are paramount to State constitutions and statutes.
36
What is the significance of Federal legislation and treaties?
Federal legislation and treaties are paramount to State constitutions and statutes, making them a primary source of law.
37
What other Federal actions have the force of law?
Other Federal actions with the force of law include executive orders of the President and rules and regulations issued by Federal administrative officials, agencies, and commissions.
38
What is the paramount law in each State?
The paramount law in each State is its written constitution, which cannot deprive citizens of Federal constitutional rights but can guarantee additional rights beyond the U.S. Constitution.
39
What sources of law exist below a State constitution?
Below the State constitution are the statutes enacted by the State legislature and the case law developed by its judiciary. State administrative agencies and executive orders by governors also have the force of law.
40
What legislative powers do cities, towns, and villages have?
Cities, towns, and villages have limited legislative powers within their municipal areas to pass ordinances and resolutions.
41
What does a constitution establish?
A constitution establishes the governmental structure, allocates power among different levels of government, and defines political relationships.
42
What principle is the U.S. government founded on?
The U.S. government is founded on the principle of separation of powers, dividing the government into three distinct and independent branches: the judiciary, Congress, and the executive branch.
43
What does a constitution do in terms of limiting government power?
A constitution restricts the powers of government and specifies the rights and liberties of the people.
44
What does the Ninth Amendment to the U.S. Constitution clarify?
The Ninth Amendment clarifies that the enumeration of certain rights does not deny or limit other rights retained by the people.
45
What is the relationship between the Federal Constitution and other laws in the United States?
All other law in the U.S. is subordinate to the Federal Constitution. No law, whether Federal or State, is valid if it violates the Federal Constitution.
46
What is judicial review?
Judicial review is the principle that allows the Supreme Court of the United States to determine the constitutionality of all laws.
47
What is the U.S. legal system based on?
The U.S. legal system is based on the common law system, which relies heavily on the judiciary as a source of law and the adversary system for resolving disputes.
48
What is the adversary system?
The adversary system is where the parties, not the court, initiate and conduct litigation. It is based on the belief that truth emerges from the investigation and presentation of evidence by opposing parties.
49
How does the common law system differ from civil law systems?
In common law systems, courts rely on case law and judicial decisions. In contrast, civil law systems, based on Roman law, depend on legislative enactments (codes) and an inquisitorial method where the judiciary initiates litigation and investigates facts.
50
What is common law?
Common law is judge-made law or case law that develops as courts decide cases. It serves as a precedent for future cases.
51
What is the principle of stare decisis?
Stare decisis is the principle that courts follow the decisions made in prior cases when deciding new cases involving similar issues. It ensures stability and predictability in the law while allowing for change over time.
52
What is equity in the legal system?
Equity is a supplementary system of law that provides remedies when common law cannot. It is administered by courts of chancery and grants remedies like injunctions, specific performance, and reformation.
53
What are some remedies provided by courts of equity?
Some remedies include specific performance, injunctions, reformation, and rescission of contracts.
54
What is the significance of equity maxims?
Equity maxims guide courts in deciding cases with fairness and justice. Examples include "Equity will not suffer a wrong to be without a remedy" and "He who comes into equity must come with clean hands."
55
What happened to the separation of common law and equity courts in the U.S.?
In the U.S., courts of common law and equity have been unified into a single court that administers both systems of law, although some distinctions remain, such as the right to a jury trial only in actions at law.
56
What is the role of the Restatements of Law?
The Restatements of Law are authoritative summaries of the common law of the U.S., developed by the American Law Institute. They cover areas like torts, contracts, and property law and are often cited by courts as persuasive authority.
57
What has become the primary source of new law and ordered social change in the United States since the late nineteenth century?
Legislation (statutory law) has become the primary source of new law and ordered social change in the United States.
58
Why did legislation replace common law as the primary source of law in the U.S.?
Common law was not well suited for making dramatic or comprehensive changes, while legislatures can repeal prior enactments and address issues directly, making it more adaptable to technological, social, and economic innovations.
59
How does statutory law compare to common law in areas like commercial law?
Most areas of commercial law, such as partnerships, corporations, sales, and bankruptcy, have become largely statutory, while some topics like contracts, agency, and trusts are still governed by common law.
60
What is the Uniform Commercial Code (UCC)?
The UCC is a set of proposed uniform laws designed to simplify, clarify, and modernize the law governing commercial transactions, creating uniformity across states and reducing conflicts in commercial law.
61
Which states have adopted the Uniform Commercial Code?
All fifty states, the District of Columbia, and the Virgin Islands have adopted the UCC, although Louisiana has adopted only certain provisions.
62
What are some other uniform laws developed by the Uniform Law Commission (ULC)?
The ULC has developed laws such as the Uniform Partnership Act, the Uniform Limited Partnership Act, and the Uniform Probate Code.
63
What is the role of the American Law Institute (ALI) in statutory law?
The ALI has developed model statutory formulations like the Model Code of Evidence, the Model Penal Code, and the Model Business Corporation Act.
64
What is a treaty in the context of U.S. law?
A treaty is an agreement between independent nations. The President, with the advice and consent of the Senate, enters into treaties, which have the legal force of Federal statutes.
65
Who can enter into treaties under U.S. law?
Only the Federal government, not the States, can enter into treaties.
66
What is the legal status of a treaty in relation to Federal statutes?
A treaty has the legal force of a Federal statute and may supersede prior statutes. However, both treaties and statutes are subordinate to the U.S. Constitution and are subject to judicial review.
67
What are executive orders?
Executive orders are laws issued by the President of the United States, typically with authority delegated by Federal legislation. They can amend, revoke, or supersede prior orders and are legally binding.
68
Do governors have the authority to issue executive orders?
Yes, the governors of most states have comparable authority to issue executive orders within their jurisdiction.
69
What is administrative law?
Administrative law is the branch of public law created by administrative agencies through rules, regulations, orders, and decisions to carry out the agencies' regulatory powers and duties.
70
What are some of the areas regulated by administrative law?
Administrative law regulates areas such as national safety, welfare, military forces, police, citizenship, taxation, coinage of money, elections, environmental protection, transportation, commerce, and public health and safety.
71
Why has the scope of administrative law expanded?
The scope of administrative law has expanded due to the increasing complexity of the nation's social, economic, and industrial life, requiring more regulation and oversight by administrative agencies.
72
What was Justice Jackson's view on the rise of administrative bodies?
Justice Jackson stated that "the rise of administrative bodies has been the most significant legal trend of the last century," and that more values are affected by administrative decisions than by those of courts, highlighting the increasing importance of administrative agencies.
73
How do administrative agencies affect legal rules and controversies?
Administrative agencies create more legal rules and adjudicate more controversies than all legislatures and courts combined, due to their extensive regulatory functions.
74
Why are decisions in State trial courts generally not reported or published?
Decisions in State trial courts are generally not reported or published because their precedents are not considered significant enough to warrant permanent reporting.
75
Where are decisions of State courts of appeals published?
Decisions of State courts of appeals are published in consecutively numbered volumes called “reports,” often found in the official State reports or the National Reporter System.
76
What is the National Reporter System?
The National Reporter System is a series of regional reporters published by West Publishing Company, which includes the Atlantic, Southeastern, Southwestern, and other regional reports that compile decisions from State courts.
77
How are court decisions cited?
Court decisions are cited by (1) the name of the case, (2) the volume, name, and page of the official State report (if applicable), (3) the volume, name, and page of the National Reporter System, and (4) the volume, name, and page of any other selected case series.
78
What reports are used for Federal court decisions?
Federal court decisions are found in the Federal Supplement (for District Court), the Federal Reporter (for Court of Appeals), and the U.S. Supreme Court Reports (for Supreme Court decisions).
79
What are the components of legal analysis in case study?
Legal analysis in case study typically includes (1) essential facts, (2) the issue of law or fact, (3) legal principles involved, (4) the application of these principles, and (5) the decision.
80
What is a "brief" in legal analysis?
A "brief" in legal analysis is a summary of a case containing the facts, the issue involved, the court's decision, and the reasons for the decision.

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