Chapter 1 Introduction to Law and Legal Reasoning
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consists of enforceable rules governing relationships among individuals and between individuals and their society
breaks, or fails to perform
generally is defined as the study of what constitutes right or wrong behavior
- (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
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"
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law
included in statutory law; passed by municipal or county governing units to govern matters not covered by state or federal law.
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
UCC (Uniform Commercial Code)
facilitates commerce among states by providing a uniform, yet flexible, set of rules governing commercial transactions.
is a federal, state, or local government agency established to perform a a specific function
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
That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
the legal means to enforce a right or redress a rong
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
propositions or general statements of equitable rules
an argument raised by the defendant
in EQUITY proceedings, the party bringing the lawsuit is called the petitioner, and the party being sued is referred to as the respondent.
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
a decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
to stand on decided cases; under this doctrine, judges are obligated to follow the precedents established within their jurisdiction.
refers to a geographic area in which a court or courts have the power to apply the law
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
cases of first impression
when courts must decide for which no precedents exist
precedents from other jurisdictions
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