Commercial Law & Legal Foundations Practice Flashcards

A comprehensive vocabulary flashcard set covering legal foundations, sources of law, constitutional powers, court systems, jurisdiction rules, and key Supreme Court precedent cases.

Law

A body of rules of action or conduct prescribed by controlling authority and having legal binding force.

4th amendment

Search and seizure

Probable cause

Exclusionary rule

Incorporation doctrine

makes the first ten amendments of the U.S. Constitution (the Bill of Rights) apply to state and local governments through the Due Process Clause of the Fourteenth Amendment

Concurrent jurisdiction

Concurrent jurisdiction occurs when two or more courts share the power to hear and decide the same case

Protected class

Intermediate scrutiny

Suspect class

Strict scrutiny

Interpreting statutes

Plain meaning rule

Statutory scheme - structure of law

Legislative history

Due process protections

5th and 14th amendment. 14th amendment applied this right to states

1st amendment (5 freedoms)

Religion, speech, press, peaceably assemble, petition the gov

Court hierarchy

Limited jurisdiction

General jurisdiction - us district court 94 districts

Appellate court - court of appeals. 13 circuits

Supreme courts

In personamn

Jurisdiction over a person

Subject matter jurisdiction

Jurisdiction over a case

Legalese

Specialized legal terminology and jargon used within the legal profession to maximize clarity and value between business owners and attorneys.

Primary Sources of Law

constitutional law,

statutory law,

administrative law.

Common law

Secondary Sources of Law

Restatements of the Law

Model State Statutes.

Hierarchy of Sources of Law

Constitution

Statues

Administrative law

Common law

Constitutional Law

The supreme law of the land that provides the organizational structure for federal and state governments and establishes individual rights.

Statutory Law

Written laws passed by a federal or state legislative body and either approved or rejected by the executive branch.

Administrative Law

The body of law authorizing authority for executive branch and independent government agencies to create regulations, investigate, and prosecute.

Common Law

Law created by appellate courts through judicial decisions to fill in gaps when controversies arise that are not covered by existing statutory law.

Stare Decisis

The legal doctrine requiring courts to adhere to previously established judicial precedents when deciding similar cases with similar facts.

Precedent

An established judicial decision that serves as controlling authority or guidance for future court decisions on similar issues.

Preemption Doctrine

The constitutional principle under the Supremacy Clause establishing that federal law overrides and supersedes conflicting state or local laws.

Civil Law

The classification of law governing disputes between private parties designed to compensate aggrieved parties for losses through monetary damages or liability.

Criminal Law

The classification of law designed to protect society from harm by prosecuting offenders on behalf of the government, resulting in fines, jail, or imprisonment.

Substantive Law

The body of law that defines, creates, and regulates the legal rights and duties of individuals.

Procedural Law

The body of law establishing step-by-step procedures used to enforce substantive legal rights and duties.

Public Law

Law derived from a government entity that regulates relationships between private individuals or businesses and the government.

Private Law

Law that governs agreements and legal relationships between private individuals or entities, such as contract law.

Classifications of Law

Categorizations of legal rules based on their sources, levels of government, and subject matter applications.

Remedies at Law

Judicial relief awarded in the form of monetary damages to compensate an injured party.

Equitable Relief

Non-monetary judicial remedies granted by courts when money damages are inadequate to resolve a dispute.

Injunction

An equitable court order restraining a party from engaging in a specified act or compelling a party to perform an act.

Specific Performance

An equitable remedy requiring a breaching party to carry out their exact contractual obligations, typically granted when the subject matter is rare or one-of-a-kind.

Federalism

The constitutional architecture in which power is shared between the national federal government and state governments.

Checks and Balances

The constitutional mechanism ensuring no single branch of government acquires excessive power by granting each branch authority to limit the powers of the others.

Enumerated Powers

The $17$ specific powers explicitly granted to the federal government by the U.S. Constitution.

Implied Powers

Federal powers not explicitly stated in the Constitution but authorized under the Necessary and Proper Clause to execute enumerated powers.

Reserved Powers

Powers not delegated to the federal government by the Constitution that are reserved to the states or the people under the Tenth Amendment.

Incorporation Doctrine

The constitutional process through which the Supreme Court applies Bill of Rights protections to state governments via the Fourteenth Amendment Due Process Clause.

Commerce Clause

The Article I provision granting Congress exclusive authority to regulate commerce with foreign nations, among the states (interstate), and with Indian tribes.

Dormant Commerce Clause

The constitutional restriction prohibiting states from passing legislation that discriminates against or unduly burdens interstate commerce when Congress remains silent.

Rational Basis Test

The lowest level of judicial review, under which a government regulation is upheld if it is reasonably related to a justifiable or legitimate government objective.

Intermediate Scrutiny

The standard of judicial review applied to government classifications based on protected categories such as gender, requiring an important government objective.

Strict Scrutiny

The most stringent standard of judicial review applied to la ws affecting suspect classifications (such as race) or fundamental rights, requiring a compelling government interest.

Judicial Review

The power of the judiciary to review legislative and executive actions and declare state or federal laws unconstitutional.

Court System Hierarchy

The structural framework of trial, intermediate appellate, and supreme courts in federal and state judicial systems.

In Personam Jurisdiction

A court's legal authority over the specific persons or business entities involved in a lawsuit.

In Rem Jurisdiction

A court's authority over a dispute based on the physical location of real or personal property situated within its geographic borders.

Diversity of Citizenship Jurisdiction

Subject matter jurisdiction granting federal courts authority over civil suits between citizens of different states where the amount in controversy exceeds $75,000$.

Federal Question Jurisdiction

Subject matter jurisdiction granting federal courts authority over cases arising under the U.S. Constitution, federal statutes, regulations, or treaties.

Long-Arm Statute

State statutory authority enabling a state court to exercise personal jurisdiction over an out-of-state defendant who maintains minimum contacts with the state.

Zippo Sliding Scale

A legal framework for determining personal jurisdiction over internet businesses based on website interactivity (passive vs. interactive vs. integral e-commerce).

Writ of Certiorari

An order issued by the U.S. Supreme Court granting a petition to review a decision from a lower court.

Trial de Novo

A completely new trial conducted by an appellate court or higher tribunal as if no prior trial had occurred in the lower court.

Remand

An appellate court order returning a case back to a lower court for further proceedings.

Brown v. Board of Education (1954)

A landmark Supreme Court decision overturning Plessy v. Ferguson (1896) by ruling that racially segregated public schools violate the Fourteenth Amendment Equal Protection Clause.

South Dakota v. Wayfair, Inc. (2018)

A Supreme Court ruling overruling Quill Corp. v. North Dakota (1992) to allow states to require out-of-state online retailers with an economic nexus ($100,000$ in sales or $200$ transactions) to collect sales tax.

Marbury v. Madison (1803)

A landmark Supreme Court decision establishing the principle of judicial review by declaring that the U.S. Constitution is superior to statutes and courts can invalidate unconstitutional laws.

United States v. Alvarez (2012)

A Supreme Court ruling invalidating the Stolen Valor Act under First Amendment strict scrutiny, establishing that false statements alone without intent to defraud are protected free speech.

Gonzales v. Raich (2005)

A Supreme Court decision holding that under the Commerce Clause, Congress may criminalize the local, intrastate cultivation and possession of marijuana even if permitted by state medical marijuana laws.

Mahanoy Area School District v. B.L. (2021)

A First Amendment Supreme Court ruling establishing that public schools generally lack authority to discipline students for off-campus speech made outside of school hours.