Chapter 1 Vocab

Question 1

a body of enforceable rules governing relationships among individuals and between individuals and their society

Answer 1

law

Question 2

the state of being legally responsible for something, such as a debt or obligation

Answer 2

liability

Question 3

the failure to perform a legal obligation

Answer 3

breach

Question 4

a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule or a court decision

Answer 4

primary source of law

Question 5

a publication that summarizes or interprets the law such as a legal encyclopedia, a legal treatise, or an article in a law review

Answer 5

secondary source of law

Question 6

the body of law derived from the US constitution and the constitution of the various states

Answer 6

constitutional law

Question 7

the body of law enacted by legislative bodies

Answer 7

statutory law

Question 8

a reference to a publication in which a legal authority such as a statute or a court decision or other source can be found

Answer 8

citation

Question 9

a regulation enacted by a city or county legislative body that becomes part of that state’s statutory law

Answer 9

ordinance

Question 10

a model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

Answer 10

uniform law

Question 11

the rules of law announced in court decisions; it interprets statutes, regulations, constitutional provisions, and other laws of this type

Answer 11

case law

Question 12

the body of law developed from custom or judicial decision in English and US courts, not attributed to a legislature

Answer 12

common law

Question 13

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts

Answer 13

precedent

Question 14

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Answer 14

stare decisis

Question 15

any source of law that a court must follow when deciding a case

Answer 15

binding authority

Question 16

any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

Answer 16

persuasive authority

Question 17

the relief given to an innocent party to enforce a right or compensate for the violation of a right

Answer 17

remedy

Question 18

one who initiates a lawsuit

Answer 18

plaintiff

Question 19

one against whom a lawsuit is brought or the accused person in a criminal proceeding

Answer 19

defendant

Question 20

general propositions or principles of law that have to do with fairness (equity)

Answer 20

equitable principles and maxims

Question 21

the science or philosophy of law

Answer 21

jurisprudence

Question 22

the oldest school of legal thought based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature

Answer 22

natural law

Question 23

a school of legal thought centered on the assumption that there is no law higher than the laws created by a national government; laws must be obeyed even if they are unjust, to prevent anarchy

Answer 23

legal positivism

Question 24

a school of legal thought that looks to the past to determine what the principles of contemporary law should be

Answer 24

historical school

Question 25

a school of legal thought that holds that the law is only on factor to be considered when deciding cases and that social and economic circumstances should also be taken into account

Answer 25

legal realism

Question 26

law that defines, describes, regulates, and creates legal rights and obligations

Answer 26

substantive law

Question 27

an informal term used to refer to all laws governing transactions conducted via the Internet

Answer 27

cyberlaw

Question 28

the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

Answer 28

civil law

Question 29

a system o flaw derived from Roman law that is based on codified laws rather than on case precedents

Answer 29

civil law system

Question 30

the branch of law that defines and punishes wrongful actions committed against the public

Answer 30

criminal law

Question 31

the law that pertains to a particular nation

Answer 31

national law

Question 32

the law that governs relations among nations

Answer 32

international law

Question 33

a court opinion that represents the views of the majority of the judges or justices deciding the case

Answer 33

majority opinon

Question 34

a court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinon

Answer 34

concurring opinion

Question 35

a court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision

Answer 35

dissenting opinion

Question 36

a court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half the total number

Answer 36

plurality opinion

Question 37

a court opinion that does not indicate which judge or justice authored the opinion

Answer 37

per curiam opinion