Video: Common Law, Civil Law, and Sources of Law

Vocabulary-style flashcards covering core concepts from the lecture notes on common vs. civil law, sources of law, case law, and constitutional structure.

Common law

A legal system (e.g., the U.S.) based on judicial decisions and precedent, where judges interpret statutes and create guiding rules (stare decisis) for future cases.

Civil law

A legal system focused on codified statutes enacted by legislatures, with less emphasis on judicial interpretation; common in Europe, Asia, and Louisiana.

Stare decisis

The doctrine of following established precedent in deciding new but similar cases.

Louisiana Civil Law tradition

The only U.S. state with a civil law heritage due to French influence.

Precedent

A prior court decision that guides rulings in later, similar cases.

Remedy (case law analogy)

Applying an earlier decision to a later, similar situation (e.g., cow remedy extended to chickens).

Appeal

The process of challenging a lower court’s decision in an intermediate or higher court.

Lexis and Westlaw

Legal research databases used to locate statutes, cases, and other authorities.

Separate facilities doctrine

From Plessy v. Ferguson (1896): allowed 'separate but equal' segregation.

Plessy v. Ferguson (1896)

Supreme Court case establishing the 'separate but equal' doctrine for segregation.

Brown v. Board of Education (1954)

Supreme Court ruling that segregation in public facilities is unconstitutional under the Equal Protection Clause.

United States Reports

Official bound volumes publishing Supreme Court opinions.

Primary sources of law

Constitutions, statutes, regulations, and court decisions from government bodies.

Secondary sources of law

Treatises, law review articles, legal encyclopedias, restatements, and annotations explaining primary law.

Statutory law

Written laws enacted by legislatures at federal, state, or local levels.

Administrative law

Rules and regulations issued by government agencies; agencies may enforce laws and conduct quasi-judicial proceedings.

Quasi-judicial functions

Administrative or private bodies performing judge-like proceedings (hearings, binding decisions).

Civil law case

Disputes between private parties seeking monetary damages or other civil remedies; standard of proof: preponderance of the evidence.

Criminal law case

Government prosecutes offenses against society; possible jail time; standard of proof: beyond a reasonable doubt.

Preponderance of the evidence

Civil standard of proof; more likely than not.

Beyond a reasonable doubt

Highest standard of proof in criminal cases; required for a conviction.

U.S. Constitution

The supreme law of the United States; sets federal powers and individual rights.

Tenth Amendment

Powers not delegated to the federal government are reserved to the states.