Law and Legal Reasoning, Courts, and Alternative Dispute Resolution

Vocabulary study cards compiled directly from Chapter 1 (Law and Legal Reasoning) and Chapter 4 (Courts and Alternative Dispute Resolution) multiple-choice review questions.

Primary Source of American Law

A document that establishes the law, such as the U.S. Constitution, statutes, administrative regulations, or court decisions.

Secondary Sources of Law Purpose

Primarily used to summarize and clarify primary sources of law.

State Constitutions (Source Classification)

Primary sources of law (not secondary sources) that establish law within state borders.

Supreme Law of the Land

The U.S. Constitution.

Unconstitutional Law Effect

A law that violates the U.S. Constitution will, if challenged, be declared unconstitutional and not enforced.

State Constitutions Structure

Each state has its own constitution.

State Constitution Authority

Supreme within the state's borders unless it conflicts with the U.S. Constitution or federal law.

Statutory Law

Law enacted by a legislative body.

Federal Statute Enactment

A statute passed by Congress.

Federal Statute Scope

Applies to all states.

State Statute Enactment

A statute passed by a state legislature.

State Statute Scope

Applies only within that state's borders.

Ordinances

Regulations passed by a local governing unit, such as a city or county.

Ordinance Regulation Example

Land use and zoning.

Uniform Law

A model law created for states to consider adopting.

State Adoption of Uniform Law

A state may adopt or reject all or part of a uniform law.

Adopted Uniform Law Status

Becomes statutory law in that state once adopted.

Uniform Commercial Code (UCC)

A uniform law that facilitates commerce among the states.

Administrative Law Creation

Law created by administrative agencies.

Administrative Agency Purpose

Created by the legislature to perform a specific function.

Administrative Regulations Domain Example

A business's hiring and firing procedures.

Executive Agency

An administrative agency within the executive branch.

Independent Regulatory Agency

An agency not considered part of the government's executive branch and not subject to the president's authority.

State Agency Creation

Commonly created as a parallel to a federal agency.

Congress Composition

Consists of the House and Senate.

Case Law

Rules of law announced in court decisions.

Case Law Interpretation Scope

Interprets statutes, regulations, constitutional provisions, and other case law.

Case Law Coverage

Governs areas that are not covered by statutory law or administrative law.

Foundation of American Law

Based on the English legal system.

Common Law

The body of law developed from custom or judicial decisions in English and U.S. courts.

Court of Law Remedies

Grants remedies involving things of value, such as money damages.

Damages

A monetary award sought for a breach of contract or tortious act.

Injunction

A remedy ordering someone to cease a specific activity or undo a wrong or injury.

Specific Performance

Ordering an agreement to be performed as promised.

Rescission

Cancellation of a contractual obligation.

Equitable Maxims

General propositions or principles dealing with fairness.

'Whoever seeks equity must do equity'

Equitable maxim meaning anyone who wants to be treated fairly must treat others fairly.

Clean Hands Maxim

Someone seeking the aid of an equity court must come to court with clean hands.

'Equity regards substance rather than form'

Equitable maxim meaning equity is more concerned with fairness and justice than legal technicalities.

'Equity aids the vigilant, not those who rest on their rights'

Equitable maxim meaning equity will not help those who neglect their rights for an unreasonable period.

Stare Decisis Definition

Latin phrase meaning 'let the decision stand'.

Judicial Obligation Under Stare Decisis

Judges are obligated to follow precedents established in prior decisions.

Overturning Precedent Rule

A court should not overturn its own precedent unless there is a compelling reason.

Higher Court Decisions Effect

Decisions made by a higher court are binding on lower courts.

Precedent

A court decision that provides an example or authority for subsequent cases involving identical or similar facts.

Controlling Precedents

Precedents that must be followed within a jurisdiction.

Binding Authority

Any source of law a court must follow when deciding a case.

Case of First Impression

A legal dispute where there is no existing precedent.

Persuasive Authority

Authority that a court may look to for guidance but does not have to follow.

Sources of Persuasive Authority

Precedents from other jurisdictions.

Nevada Lien Example Precedent Context

There was no existing Nevada case law interpreting the new statute.

California Lien Statute Role in Nevada

A similar California statute considered as persuasive authority.

IRAC Acronym

Stands for Issue, Rule, Application, Conclusion.

IRAC 'Issue' Question

'What are the key facts and issues?'

IRAC 'Rule' Question

'What rule of law applies to the case?'

IRAC 'Application/Analysis' Question

'How does the rule apply to the particular facts and circumstances?'

Case on Point

A previous case with similar factual circumstances and issues.

Final Step of IRAC Method

Conclusion.

Jurisprudence

The science or philosophy of law.

Number of Jurisprudential Schools Listed

$$4$$

Natural Law

School of jurisprudential thought believing the legal system should reflect universal higher moral and ethical principles.

Legal Positivism

School of jurisprudential thought assuming there is no law higher than laws created by a national government.

Historical School

School of jurisprudential thought looking primarily to the past to determine principles of law.

Legal Realism

School of thought holding that law is one factor, and social and economic circumstances should also be considered when deciding cases.

Substantive Law

Law that defines, describes, regulates, and creates legal rights and obligations.

Procedural Law

Law that establishes methods of enforcing rights created by substantive law.

Private Law

Law dealing with relationships between private entities.

Public Law

Law addressing relationships between persons and their governments.

Criminal Law

Law defining and punishing wrongful actions committed against the public.

Criminal Defendants Prosecution

Prosecuted on behalf of the state by public officials, such as a district attorney.

Two Court Systems in Chapter 1

Federal courts and state courts.

U.S. District Court

The trial court in the federal court system.

Federal Supplement

The reporter associated with U.S. District Court cases.

Federal Supplement Abbreviation

F. Supp. or F. Supp. 2d.

U.S. Court of Appeals (Circuit Court)

The federal appellate court referred to as the Circuit Court.

Federal Reporter

The reporter associated with decisions of the U.S. Courts of Appeal.

Federal Reporter Abbreviations

F., F.2d, or F.3d.

United States Reporter

The official reporter associated with U.S. Supreme Court decisions.

U.S. Supreme Court Reporters Listed

United States Reporter, Supreme Court Reporter, and United States Reports: Lawyers Edition.

District Court Reporter Mapping

District Court -> Federal Supplement.

Court of Appeals Reporter Mapping

U.S. Court of Appeals -> Federal Reporter.

Supreme Court Reporter Mapping

U.S. Supreme Court -> United States Reporter.

Rosa and Raymond Parks Institute v. Target Corp. First Party

Rosa and Raymond Parks Institute for Self Development.

Rosa and Raymond Parks Institute v. Target Corp. Second Party

Target Corporation.

First Party Role in Case Title

The plaintiff.

Plaintiff in Parks Institute v. Target Corp.

Rosa and Raymond Parks Institute for Self Development.

Second Party Role in Case Title

The defendant.

Defendant in Parks Institute v. Target Corp.

Target Corporation.

Volume Identifier in 812 F.3d 824 (2016)

$$812$$

Reporter Name in 812 F.3d 824 (2016)

F.3d (Federal Reporter Third Series).

Starting Page Identifier in 812 F.3d 824 (2016)

$$824$$

Year Identifier in 812 F.3d 824 (2016)

$$2016$$

Parks Institute v. Target Corp. Court Level Type

Federal court case.

Publication of 812 F.3d 824 (2016)

Volume $812$ of the Federal Reporter Third Series.

Page Start of 812 F.3d 824 (2016)

Page $824$.

Party Initiating Lawsuit Role

Plaintiff/Petitioner.

Party Lawsuit Brought Against Role

Defendant/Respondent.

Appellant/Petitioner

The party who takes an appeal from one court to another.

Appellee/Respondent

The party against whom an appeal is taken.

Essential Role of Judiciary

To interpret laws and apply them to specific situations.