Biz Law - Ch. 1 Law and Legal Reasoning

Law

rules that govern people, their relationships with others, and society

Primary source of law

establishes the law on a particular issue

• US and state constitutions

• Statutory law

• Administrative law

• Case law

Secondary source of law

publications that summarize / interprets the law

Statutory law

enacted by legislative bodies at any level of govt (congress, state legislature, governing bodies)

• created by legislatures and written into law

• common law is developed through judicial decisions and precedent 

Constitutional law

deals with fundamental principles that government exercises authority 

• US constitution is basis for all US law; supreme law of the land 

10th Amendment

reserves states all powers not granted by the Fed Gov - each state has it’s own constitution

Local ordinances

a regulation passed by municipal or county governing unit to deal with matters not covered by fed or state law (ie zoning , safety codes)

Uniform law

to prevent problems among different state laws in trade and commerce

• each state has top to adopt or reject uniform law

Uniform commercial code (UCC)

facilitates commerce among state by providing uniform but flexible set of rules governing commercial transactions

Admin law

rules made by admin agencies (fed/state/local agency established to perform a specific function)

• can make or amend old rules or enforce their own rules

  • can issue interpretive rules that aren’t legally binding but show how the agency plans to interpret and enforce statutory authority 

Adjudication

trial like hearings before an admin law judge (ALJ)

• court give significant weight to ALJ decisions

Case law

interpretations of court decisions, constitutional provisions, statutes, regulations

• governs all areas not covered by statutory and admin law

• they can’t overrule a court above them but can overrule something at the same level

Common law

developed from judicial decisions in English and US courts from 1066

• similar to case law

• judges try to be consistent, so each interpretation becomes part of the law on subject and is served as legal precedent

Stare decisis

CL doctrine that decides new cases with reference to former decisions/ precedents

• judges are obligated to follow precedents established within their jurisdiction

• decisions made by higher courts are brought upon lower courts

Jurisdiction

geographic area which courts have the power to apply law

If no precedent exists…

look at precedents from other jurisdictions , unpublished opinions, fairness, public policy

Binding authority

any source of law that a court must follow when deciding a case

Persuasive authority

any legal authority that a court may look to for guidance but don’t have to follow

Precedent

prior court decision that give authority for deciding subsequent cases with similar or identical facts

Equitable maxims

law should be grounded in fairness (equity) —> clean hands statute (one who seeks equity must do equity)

Remedy

relief given to innocent party to enforce a right or compensation for violation of a right

• equitable vs legal

Procedural law

the methods to enforcing a rights/law

Substantive law

law that defines and describes legal rights/obligations

Civil law

deals with all private and public matters

Criminal law

deals with wrongs committed against society; no private parties

What are the 2 types of courts?

federal and state courts

What are the levels of courts? (bottom to top)

trial courts —> court of appeals —> state court —> US supreme court

Concurring opinion

a judge who agrees with the majority opinion as to the result but not as legal reasoning