Law and Legal Reasoning

Flashcards covering key vocabulary and concepts from the lecture on Law and Legal Reasoning, including definitions of legal terms, historical cases, and characteristics of the legal system.

Law

Rules that regulate the conduct and relationships of individuals, businesses, and other organizations within society, proscribed by controlling authority with legal binding force.

Rule of Law

A set of principles for ensuring an orderly and just society, where no one is above the law, everyone is treated equally, and human rights are guaranteed.

Functions of Law

Includes keeping the peace, shaping moral standards, and promoting social justice within society.

English Common Law

The historical basis of American law, largely based on traditions, social customs, rules, and cases, dating back to 1066 A.D. with the aim of creating one common set of laws.

Common Law (Judge-made law)

A legal system where judges settle disputes similarly by consulting previous decisions, creating binding precedents.

Civil Law System

A legal system where codified statutes and ordinances rule the land, and judicial precedents are not generally binding.

Stare Decisis

Judge-made law based on precedent, dictating that courts should not overturn their own precedents without compelling reason and that decisions by higher courts are binding on lower courts.

Precedents

Judicial decisions in cases that establish legal principles applicable to future cases based upon similar facts.

Binding Authority

Any source of law a court must follow when deciding a case, including constitutions, statutes, regulations, and controlling precedents.

Plessy v. Ferguson (1896)

A landmark United States Supreme Court decision that upheld the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of 'separate but equal.'

Brown v. Board of Education (1954)

A unanimous Supreme Court decision that overturned Plessy v. Ferguson, ruling that 'separate educational facilities are inherently unequal' and thus a violation of the Equal Protection Clause.

Fairness of the Law

A quality indicating that the American legal system is comprehensive, fair, and democratic.

Flexibility of the Law

A quality indicating that U.S. law evolves and changes along with the norms of society, technology, and the growth of commerce.

Consistency of the Law

A quality requiring the law to be predictable and not change so suddenly that parties cannot rely on its existence or protection.

Civil Law (Classification)

Defines the rights between individuals or individuals and governments.

Criminal Law

Defines an individual’s obligations to society as a whole.

Substantive Law

Defines or creates the rights and obligations of persons and governments.

Procedural Law

Provides the steps one must follow to avail oneself of legal rights or enforce legal obligations.

Priority of Law

The hierarchical order of laws in the United States, where the U.S. Constitution and treaties take precedence over all other laws, followed by federal and then state laws.

Legal Citation (Cite)

An identification format for legal cases, typically showing the parties, volume, reporter, page number, jurisdiction, and year of decision.