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The Legal Environment Today Ch. 1
The Legal Environment Today, 7th Edition
Terms in this set (36)
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.
Any source of law that a court must follow when deciding a case. Includes constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
The failure to perform a legal obligation.
The rules of law announced in court decisions. Includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.
A reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found.
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
civil law system
A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
The body of law derived from the U.S. Constitution and the constitutions of the various states.
Law that defines and governs actions that constitute crimes. Generally, this has to do with wrongful actions committed against society for which society demands redress.
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.
One against whom a lawsuit is brought; the accused person in a criminal proceeding.
equitable principles and maxims
General propositions or principles of law that have to do with fairness (equity).
A school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be.
The law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of this.
The science or philosophy of law.
A body of enforceable rules governing relationships among individuals and between individuals and their society.
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.
A school of legal thought of the 1920s and 1930s 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.
Law that pertains to a particular nation (as opposed to international law).
The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. This is the oldest and one of the more significant schools of legal thought.
A regulation enacted by a city or county legislative body that becomes part of that state's statutory law.
Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. Includes cases from other jurisdictions and secondary sources of law.
One who initiates a lawsuit.
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
primary source of law
A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.
Law that establishes the methods of enforcing the rights established by substantive law.
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
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.
A school of legal thought that views the law as a tool for promoting justice in society.
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
statue of limitations
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
Law that defines, describes, regulates, and creates legal rights and obligations.
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.
Brown v Board
US 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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