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B Law Midterm Chp 1
Terms in this set (91)
consists of enforceable rules governing relationships among individuals and between individuals and their society
In the U.S. our rules consist of
written laws and court decisions created by modern legislative and judicial bodies
Laws all have on feature in common
they establish rights, duties and privileges that are consistent with the values and beliefs of a society or its ruling group
the state of being legally responsible for something such as a debt or obligation
Primary source of law
a DOCUMENT that ESTABLISHES the law on a particular issues, such as a constitution, a statute, and administrative rule or a court decision
Secondary source of law
a publication that SUMMARIZES or INTERPRETS the law such as a legal encyclopedia, a legal treatise or an article in a law review
what are the 4 sources of american law?
-case law/common law doctrines
deals with the fundamental principles by with the government exercise its authority is the law as expressed in these constitutions
the supreme law of the land
anything that challenges it will be declared unconstitutional and unforeceable
what is an example of constitutional law?
each state has its own constitution
unless it conflicts with the us constitution or a federal law that state's constitution is the supreme law of the land within that state's boarders
law enacted by legislative bodies at any level of government such as statutes passed by congress or by state legislatures
when a legislature passes a statute that statute is
ultimately included in the federal code of laws or the relevant state code of laws
if a statutory law is passed by congress a federal statute applies to...
all states and cannot violate the us constitution
if a statutory law is passed by a state legislature a state statute only applies...
within that state's boarders and cannot violate the us constitution OR the state constitution of that state
Citation (statutory law)
a reference to a publication in which legal authority such as a statute/court decision or other source can be found
Ordinances (statutory law)
regulation enacted by a city/county legislative body that becomes part of that state's statutory law
covers matters not covered by federal/state law
matters affect only the local governing unit
laws/rules/orders passed by local (city or county) governing body
Federal statute applies to all ______ while a state statute applies only within the _______ __________.
states; states boarders
Uniform Law commission was created because...
during the 1800s it was difficult to do trade between businesses from different states because each state had different rules
What are uniform laws
a model law developed by NCCUSL for the states to consider enacting into statute
to fix the problem what was created
the National Conference of Commission on Uniform State Laws (NCCUSL)
each state can ______ or _______ uniform laws
does a state legislature have to adopt all of the uniform law?
no, a state legislature can choose to adopt part of the uniform law and they can also choose to rewrite the sections that are adopted
Uniform commercial code (UCC)
created through the joint efforts of the NCCUSL and the American Law Institute
what does the UCC do?
facilitates commerce among the states by providing a uniform yet flexible set of rules governing commercial trades including the sale of goods and secured transactions
goods are all things that are _______.
what does the UCC not address and only focuses on?
real estate and personal property
the UCC fills in the ____ when an agreement is _______.
one of them most important uniform acts was created through the Uniform Law Commission and was adopted by ________.
all 50 states
Administrative law is...
rules, orders and decisions established by administrative agencies of the federal, state or local governments to carry out their duties
a federal, state or government agency created by legislature to perform a specific function such as to make and enforce rules pertaining to the ENVIRONMENT
What are the 3 powers of the agencies and the branches associated with them?
Enforcement and Investigation (Executive)
What are the 3 types of agencies?
Federal Agencies are....
executive agencies that exist within the cabinet departments of the executive branch
State/Local agencies are....
administrative agencies at the state/local level
Federal agencies ______ state/local agencies
Agency Creation was created because....
congress cannot oversee all the implementations of all the laws it enacts
Enabling Legislation (ties with agency creation)
a statute enacted by congress that authorizes creation of administrative agency and specifics the name, composition, purpose and powers of the agency being created
to perform a judicial decision
adjudicate is like...
a trial like proceeding
what is the point of adjudicate?
where an administrative law judge hears and resolves disputes involving an administrative agency's regulations
Rule-making (Administrative Law)
the process by which an administrative agency formally adopts a new regulation or amends an old one
When congress enacts an Agency's enabling legislation it confers the power to make ________ rules.
administrative agency rule that carries the same wight as a a congressionally enacted statute
Legislative rules must comply with __________.
Administrative Procedure Act (APA)
Administrative Procedure act imposes....
strict procedural requirements that agencies must follow in legislative rule making and other functions
What are the 3 steps in legislative rule making under the APA?
1) notice of the proposed rule making
3)the final rule
Administrative agencies also administer _______ rules.
non-binding rule/policy statement issued by an administrative agency that explains HOW it interprets and intends to APPLY the statutes it enforces
Agencies often ______ their own rules
agencies also have _____ powers and ______ a wide range of activities.
if an agency does take action after an investigation administrative actions are usually resolved through ______ settlement.
if an agency does take action and administrative actions are not resolved through negotiated settlement then it is taken to ______.
agency adjudication involves a trial-like hearing before an administrative judge
involved in agency adjudication
presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence and make determinations on fact
rules, doctrines and principles established by judges in court decisions which govern ALL areas not covered by statutory law or administrative law
body of law developed from custom or judicial decisions in English and U.S. courts
common laws were developed from
the principles underlying judges decisions in legal controversies
why were common laws created?
judges wanted to be consistent and judge similar cases in a similar way and new cases with care
a court decision that furnishes an example/authority for deciding subsequent cases involving identical/similar facts
a common law doctrine under which judges are obligated to follow the present established in prior decisions
judges follow precedents within their______.
what are the two aspects of stare decisis
a court should not overturn its own precedent unless there is a strong reason to
decisions made by a higher court are binding on lower courts
any source of law that a court must follow when deciding a case
Binding authorities include
constitutions, statutes, regulations as well as court decisions that are controlling precedents within the jurisdictions
Why is stare decisis used?
helps courts be more efficient
reasoning/opinions of other courts can serve as a guidance
makes law more stable/predictable
What happens when there is no precedent?
look at precedents in other jurisdictions as guidelines
precedents from other jurisdictions are called persuasive ______.
any legal authority/source of law that a court may look to for guidance but doesn't have to follow when making a decision
NOT BINDING ON COURT
what are cases called that have no precedent?
cases of first impression
the relief given to an innocent party to enforce a right or compensate for the violation of a right by a guilty party
one who initiates lawsuit
one against whom a lawsuit is brought on or the accused person in a criminal proceeding
science of philosophy of law
Natural Law School
oldest school of legal thought
based on the belief that the legal system should reflect universal ("higher")moral and ethical principles that are inherent to human nature
centered on the assumption that there is no law higher than the laws created by national government and laws but be obeyed even if they are unjust to prevent anarchy
looks into past to determine what principals of contemporary law should be and that those that worked in the past should shape contemporary laws
the law is only one thing that should be taken into account when deciding cases and that social/economic circumstances should also be taken into account because different judges bring different reasoning processes
What are two ways to classify law?
substantive law and procedural law
defines, describes, regulates and creates legal rights and obligations
establishes the methods of enforcing the rights established by substantive laws
dealing with relationships between persons
addresses the relationship between persons and their government
spells out the rights and duties that exist between persons and their governments and the relief available when a preseason's rights are violated
what is the object of civil law?
to obtain a remedy
Civil Law System
system of law based on written codes
defines and punishes wrongful actions committed against the public
crimina lis proscribed by.....
local,state or federal government statutes
who prosecutes in criminal law?
what is the object in criminal law?
to punish the wrongdoer
law that pertains to a particular country and can be enforced by government authorities
body of written and unwritten laws observed by independent nations and governing acts of individuals as well as governments
governs relations among nations
derived from laws customs and treaties
can only be enforced by other countries or international organizations
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