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| A body of rules enforced by a government |
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| A legally enforceable promise or set of promises |
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| A failure to fulfill contractual obligations |
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| A civil wrong other than a breach of contract for which the law provides a remedy |
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| An unintentional violation of a legal duty to use a standard of care |
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| A legal system of court-made law where the rules are derived from previously decided cases |
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-A legal doctrine requiring courts to follow previous decisions called precendents
-it has been decided |
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| Document that courts determine the constitutionality of statutes |
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| A stated set of facts giving rise to a valid lawsuit |
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Four Philosophical Schools of Law:
#1 Natural Law |
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a) The theory that law comes from unchangeable principles evident from nature or inspired by God
Example: declaration of independence
"we hold these truths to be self evident" |
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Four Philosophical Schools of Law:
#2 Positivist School |
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a) governments rules are supreme
Example: Definition of law |
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Four Philosophical Schools of Law:
#3 Traditional (Historical) School |
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a) law which has worked in the past is best suited to shape present law
Example: Holmes- stare decisis; following precedence, what worked in the past will work in the future |
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Four Philosophical Schools of Law:
#4 Legal Realist School |
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a) There is no unifrom way to interpret the law; result oriented, considering the impact on the parties and society; many are semantic relativists (lawyers, people who see if they can twist meanings and get out of situations they should not be able to get out of)
Example: Holmes- the constitution is what the judges say it is, there is no uniform way to interpret/apply a law, various individuals interpret the law |
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| Problems in Application of Philosophical Laws |
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Definition
1. Natural Law School---> whose versions of self-evident law do you use?
2. Positivist School---> government atrocities acceptable?
3. Legal Realist/Traditional---> should the constitution be what the judges say it is, should precedent control, or should the constituion itself control? |
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Three Sources of Federal Law by Priority
1. U.S. Constitution |
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| the supreme law of the land |
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Three Sources of Federal Law by Priority
2. Statutes and Treaties |
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| acts of congress and treaties entered by the president (Executive) and approved by the senate (Legislative) |
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Three Sources of Federal Law by Priority
3. Administrative Rules |
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| Laws adopted by Administrative Agencies |
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Four Sources of State Law by Priority
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1. Constitution
2. Statutes (developed by state legislation)
3.Administative Rules
4. Municipal Ordinances |
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1. Court-made Law= court may decide a case in a certain way and it si established as precedence for ther courts to follow
2. The law established by courts particularly in the areas of contract and tort law
3. Case law is overruled by a contrary statute ordinance or rule unless the law involved is ruled unconstitutional |
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Two Types of Persuasive Authority:
Uniform Codes |
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Definition
statutory schemes compiled by experts to be adopted by state legislatures to help insure consistency of the law in all states
Examples: Uniform Code; Uniform Probate Code |
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Two Types of Persuasive Authority:
Restatements |
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Definition
common law schemes compiled by experts to influence courts and encourage nationwide consistency
Examples: Restatement of Contracts; Restatement of Torts |
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Administrative Laws/ Definitions:
Agencies |
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| a unit of the executive branch regulating a certain area |
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Administrative Laws/ Definitions:
Independent Agency |
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an agency desigend to be free from the direct authority of the president (or governor)
Examples: FTC; SEC |
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Administrative Laws/ Definitions:
Executive Agency |
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| an agency whose head is directly subject to the president E.g., Cabinet level agencies, IRS OR EPA |
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| Three Powers of Many Independent Agencies |
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Definition
1. Powers of all three branches held by in many administrative agencies
2. Executive (prosecute violations); legislative (make binding rules); and judicial (decide controversies) |
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| Criminal Law vs. Civil Law |
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Definition
criminal law- involved wrongs against society punished by the state through prosecution, only brought by a government
civil law- involves wrongs against persons or entities enforced by lawsuits to obtain money or other remedies, taken care of in civil courts |
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| Substantive Law vs. Procedural Law |
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- defines rights and duties, what you can and can't do
-defines the method or process by which violations of rights or duties will be enforced, you have to prove elements, (what will happen if you commit the crime) |
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| Statutory Law vs Case Law |
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Definition
-law adopted by a legislative body.
Examples: Acts of Congress (statutes); acts of legislatives; municipal ordinances
-law created by court decision (all courts must abide by law)
Examples:Adoption of Comparitive fault |
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Definition
1. Origins of Common Law Courts- a uniform set of laws derived from following precedents in England, sue for monetary damages
2. Origins of Equity Courts- created by the king because people whose problems could not be solved by common law suits would petition the king, sue to get someone to do/or not do something
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3. Common Law Today
a) Sue for money damages
b) Right to a jury trial to determine facts in question
4. Equity Today
a)Sue for a court order compelling an act or a change in status
b) a judge determines the facts in question
5. Equity suits are now filed in the courts and are heard by the same judges as common law suits |
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