Chpt. 1. Legal Heritage and the Info. case

Vocabulary flashcards covering legal foundations, functions of law, schools of jurisprudential thought, branches of government, sources of U.S. law, and the doctrine of stare decisis.

Law

That which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

Jurisprudence

The philosophy or science of law.

Natural Law School

A school of jurisprudential thought based on what is 'correct,' focusing primarily on morality and ethics.

Historical School

A school of jurisprudential thought holding that law is based on social traditions and customs that have developed over centuries.

Analytical School

A school of jurisprudential thought maintaining that law is based off of logic.

Sociological School

A school of jurisprudential thought asserting that law is a means to achieve certain sociological goals.

Command School

A school of jurisprudential thought positing that law is based on a set of rules established by a ruler or sovereign authority.

Critical Legal Studies School

A school of jurisprudential thought proposing that legal rules are unnecessary and are used to maintain the status quo.

Law and Economics School

A school of jurisprudential thought asserting that market efficiency should be the central goal for legal decision making.

English Common Law

Law developed by judges who issued opinions when deciding cases, which established precedent.

Constitution

The supreme, adaptable law of the United States.

Legislative Branch

The branch of government (Congress) that possesses the power to enact law.

Executive Branch

The branch of government (headed by the President) that possesses the power to enforce law.

Judicial Branch

The branch of government that possesses the power to interpret law.

Treaty

A compact between two or more nations, entered into by the President with the advice and consent of two-thirds of the Senate.

Statute

A written law enacted by the legislative branch of government that establishes certain courses of conduct that covered parties must adhere to.

Ordinance

A law enacted by local government bodies.

Executive Order

An order issued by a member of the executive branch of the government.

Administrative Agencies

Bodies empowered by government branches to enforce and interpret statutes through regulations and orders.

Judicial Decision

A legal decision made by a judge.

Precedent

A rule of law established by higher courts that lower courts must follow under the doctrine of stare decisis.