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Law

A process of legal reasoning for decision-making about disagreements

A Law (as a rule)

A rule of conduct/action involving an obligation/duty or right that is binding and CANNOT BE BROKEN WITHOUT CONSEQUENCES

Absence of Law

State of lawlessness, anarchy, social disorder, and a society more vulnerable to corruption, discrimination, and impunity

Constitutional Law

Law based on the U.S. Constitution; the foundation/supreme law of all law in the U.S.

Statutory Law

Laws enacted by legislative bodies (federal, state, or local)

Administrative Law

Rules, orders, and decisions issued by administrative agencies under the authority granted by statutes

Case Law/Common Law Doctrines

Legal principles created by court decisions that govern all other areas of law and are part of the common law tradition

Precedent

A prior court decision in one case that provides a standard for deciding future cases with similar facts and issues in the same or inferior courts

Stare Decisis

"Let the decision stand" - the doctrine requiring courts to follow precedents established by prior decisions in the same jurisdiction

Binding Authority

Precedent from a higher court or same court in the same jurisdiction that MUST be followed

Persuasive Authority

Legal precedents, principles, or opinions from other jurisdictions that a court MAY consult for guidance but is NOT bound to follow

IRAC Method

Issue (key facts/issues), Rule (applicable law), Application (how rule applies to facts), Conclusion (outcome based on analysis)

Remedies

A means that a court gives to a party to enforce a right (at equity) or to compensate for a violation of a right (at law)

Remedy at Law

Money and property awarded as compensation

Restitution

An equitable remedy; an order to return money or property belonging to the aggrieved party

Injunction

An equitable remedy; an order to act or refrain from acting in a certain way, lasting for the length of a lawsuit or longer

Equitable Maxims

Principles/guidance for plaintiffs seeking equity court relief, including "clean hands doctrine" and aiding the vigilant

Clean Hands Doctrine

Those seeking an equity court's aid must have acted fairly and honestly

Civil Law

Defines and enforces rights and duties between private parties (e.g., breach of contract, tort of negligence)

Criminal Law

Involves wrongs committed against society (e.g., theft, financial fraud); prosecution by the state

Procedural Law

Rules governing HOW legal processes are conducted and enforced; the methods of enforcing substantive rights

Substantive Law

Defines the actual rights and duties between parties

Natural Law School

Philosophy that higher/universal unwritten principles apply to every human; unjust man-made laws need not be followed

Legal Positivism

Philosophy that rights exist ONLY because of man-made laws; unjust laws must be obeyed until changed

Historical School

Philosophy emphasizing that past laws shape present laws; older doctrines that have withstood time should guide present law

Legal Realism

Philosophy that laws cannot be uniform; human biases and social/economic factors always influence legal decisions

Jurisprudence

Philosophy of law; the theoretical study of legal principles

Common Law System

Legal system (used in former British Empire including U.S., Canada) where court decisions become binding precedents

Civil Law System

Legal system (dominant worldwide in Germany, France, etc.) where court decisions do NOT become precedents

National Law

Laws that pertain to each individual nation

International Law

Laws that govern relations and conduct between nations

Promissory Estoppel

An equitable doctrine allowing recovery when a person reasonably and substantially relies on another's promise, even without an enforceable contract

Legislative Rules (Admin)

Administrative agency rules that are binding as a legislature's statute if the agency follows the notice-and-comment procedure

Interpretive Rules (Admin)

Administrative agency interpretations of statutes that are NOT binding on courts

Administrative Law Judge (ALJ)

Judge presiding over trial-like hearings for complaints against administrative agencies

Federal Register

Publication where proposed administrative rules are published for public comment

Code of Federal Regulations (C.F.R.)

Compilation where final administrative rules are incorporated after the Federal Register process

U.S. Code (U.S.C.)

Official compilation of federal statutes organized by title and section

State Codes

Official compilations of each state's statutes organized by title and section

Uniform Commercial Code (UCC)

Model law created by the National Conference of Commissioners on Uniform State Laws governing commercial transactions in all 50 states