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1

Law

Enforceable rules governing relationships and between Societies

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Law establishes

Rights
Duties
Privileges that are consistent with the values and beliefs of a society or its ruling group

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Primary sources of law

Constitutions
Statutory law
Administrative law
Case law
Executive orders

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Case Law

The doctrine and principals of law announced in cases

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Common law

Judge made law

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International Law

applies to more than one nation. body of unwritten laws, increasingly more important, government can't enforce.

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Constitutional law

Both federal and state constitutions

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Constitutional law generally

is the supreme source of law

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Constitutional law establishes

branches of government
-Execuitive
-Legislative
-Judical

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Case Law governs

all areas not covered by statutory law or administrative law and is part of our common law tradition

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Common Law is based

on rules made by state court judges in civil cases

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Stare decisis

deciding new cases with reference to former decisions, or precedents.

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Classifications of law

-Public law
-Private law

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Public law

relationship between members of society and government.

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Public law example

anti-trust law and criminal law (primarily statutory and administrative law)

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Private Law

Relationship between members of society

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Private law example

contract law, property law, landlord-tenant and corporation law (primarily common law)

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Civil law

deals with private or public wrongs or rights between people as opposed to criminal law

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Civil law examples

contract, real estate, divorce, probate case

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Breach

the failure to perform a legal obligation

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Areas of the law that may affect buisness decision making

-contracts
-sales
-negotiable instruments
-creditors rights
-intellectual property
-e-commerce
-product liability
-torts
-agency
-buisness organizations
-professional liability
-courts and court procedures

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statutory law

-federal
-state
-local

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statutory law local

passed by city counsel

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statutory law state

state house signed by governor

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administrative law

state and federal

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constitutional law definition

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

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secondary source of law

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

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primary source of law

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

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Common law

developed over time

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statutory law

the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

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citation

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

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ordinance

a regulation enacted by a city or county legislative body that becomes part of that states statutory law.

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uniform law

a model law created by the national conference of commissioners on uniform state laws and/or the American law institute for the states to consider adopting. each state has the option of adopting or rejecting all or part of a uniform law. If a state adopts the law, it becomes statutory law in that state.

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administrative law definition

the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

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Case Law Definition

the rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

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Common Law

the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature.

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Precedent

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

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states and uniform law

only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

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Curiae Regis

early english court also know as kings court, sought to establish a uniform set of rules for the country as a whole.

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year books

beginning in the late thirteen and early fourteenth century portions of significant decisions from each year were gathered together and recorded in year books.

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Stare Decisis definition

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

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binding authority

any source of law that a court must follow when deciding a case. binding authority include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction

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departure from precedent case

Brown vs board of education of topeka

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Brown vs board of education of topeka

the united states supreme court expressly overturned precedent when it concluded that separate educational facilities for whites and blacks, which had been upheld as constitutional in numerous previous cases were inherently unequal.

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persuasive authority

any legal authority source of law that a court may look to for guidance but on which it need not rely in making its decision. persuasive authorities include cases from other jurisdictions and secondary sources of law

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remedy

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

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plaintiff

one who initiates a lawsuit

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defendant

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

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equitable principles and maxims

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

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jurisprudence

the science or philosophy of law

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natural law

the belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one the more significant schools of legal thought

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statute of limitations

a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

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Courts of law

in the early english courts, if one person wronged another.

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remedies of law

In the early english courts. the remedies awarded from courts of law

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Equity

is a branch of law, founded on what might be described as notions of justice and fair dealing, that seeks to supply a remedy when no adequate remedy is available

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Chancellor

When inidividuals could not obtain an adequate remedy in a court of law, they petitioned the king for relief. most of the were decided by an advisor to the king (chancellor)

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court of equity: Specific performance

an order to perform what was promised

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court of equity: injunction

directing a party to do or refrain from doing a particular act.

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court of equity: rescission

(cancellation) of the contract, thereby returning the parties to the positions that they held prior to the contracts formation.

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Initiation of a lawsuit: Action at law

by filing a complaint

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initiation of a lawsuit: Action in equity

by filing a petition

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decision: action at law

by jury or judge

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decision: action in equity

by judge (no jury)

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result: action at law

judgement

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result: action in equity

decree

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remedy: action at law

monetary damages

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remedy: action in equity

injunction, specific performance, or rescission

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legal positivism

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

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Judges from school of legal positivism

probably would be more inclined to defer to an existing law than would a judge who adheres to the natural law tradition

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historical school

a school of legal thought that emphasizes the evoultionary process of law and looks to the past to discover what the principles of contemporary law should be

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judges from historical school

adhere strictly to decisions made in the past cases

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legal realism

a school of thought of the 1920's and 1930's that generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. This school left a lasting imprint on American Jurisprudence.

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sociological school

a school of legal thought that views the law as a tool for promoting justice in society

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substantive law

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

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procedural law

law that establishes the methods of enforcing the rights established by substantive law

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cyber law

an infromal term used to refer to all laws governing electornic communications and transactions, particularly those conducted via internet

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Civil law

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

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civil law systems

a system of law derived from that of the Roman Empire and based on a code rahter than case law; the predominant system of law in the nations of continental europe and the nations that were once their colonies

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criminal law

law that defines and governs actions that constitute crimes. generally, criminal law has to with wrongful actions committed against society for which society demands redress.

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national law definition

law that pertains to particular nation (as opposed to international law)

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international law definition

the law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations that are generally considered to be the most important sources of international law.

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National law

laws of a nation, government authorities can enforce

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executive orders

president and governor

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administrative agencies notes

administrative agencies combine functions normally divided among the three branches of government into

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administrative agencies affect

virtually every aspect of a buisness operation including capital structure, financing, hiring, firing, relations with employees, labor unions. ect.