Chapter 1 Introduction to Law and Legal Reasoning

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  1. Law
    consists of enforceable rules governing relationships among individuals and between individuals and their society
  2. breach
    breaks, or fails to perform
  3. Ethics
    generally is defined as the study of what constitutes right or wrong behavior
  4. Primary Law
    • (1) The US Constitution and the constitutions of the various states
    • (2) Statutory law-including laws passed by Congress, state legislatures, or local governing bodies
    • (3) Regulations created by administrative agencies, such as the Food and Drug Administration
    • (4) Case law and common law doctrines
  5. Secondary sources of law
    are books and articles that summarize and clarify the primary sources of law; Examples include legal encyclopedias, treatises, articles in law reviews, and compilations of law, such as the "Restatements of the Law"
  6. statutory law
    The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law
  7. ordinances
    included in statutory law; passed by municipal or county governing units to govern matters not covered by state or federal law.
  8. uniform laws
    A model law created by the National Conference of Commissioners on Uniform State Laws and/or American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law
  9. UCC (Uniform Commercial Code)
    facilitates commerce among states by providing a uniform, yet flexible, set of rules governing commercial transactions.
  10. administrative agency
    is a federal, state, or local government agency established to perform a a specific function
  11. case law
    the doctrines and principles announced in cases-governs all areas not covered by statutory law or administrative law and is part of our common law tradition
  12. common law
    That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
  13. remedies
    the legal means to enforce a right or redress a rong
  14. remedies in equity are?
    (1) specific performance: ordering a party to perform an agreement as promised

    (2) injunction: ordering a party to cease engaging in a specific activity or to undo some wrong or injury

    (3) recission: the cancellation of a contractual obligation
  15. equitable maxims
    propositions or general statements of equitable rules
  16. defense
    an argument raised by the defendant
  17. petitioner/respondent
    in EQUITY proceedings, the party bringing the lawsuit is called the petitioner, and the party being sued is referred to as the respondent.
  18. statutes of limitations
    After the time allowed under a statute of limitations has expired, no action (lawsuit) can be brought, no matter how strong the case was originally
  19. precedent
    a decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
  20. stare decisis
    to stand on decided cases; under this doctrine, judges are obligated to follow the precedents established within their jurisdiction.
  21. jurisdiction
    refers to a geographic area in which a court or courts have the power to apply the law
  22. stare decisis two aspects are?
    (1) decisions made by a higher court are binding on lower courts

    (2) a court should not overturn its own precedents unless there is compelling reason to do so
  23. cases of first impression
    when courts must decide for which no precedents exist
  24. persuasive authorities
    precedents from other jurisdictions
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Chapter 1 Introduction to Law and Legal Reasoning
2014-10-21 17:26:03
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