BLAW Notes - CH.1

Vocabulary flashcards covering key legal terms from the lecture notes (Pages 1-2).

Statutory

Law created or enacted by past officials.

Primary Sources

Sources that establish the law: U.S. Constitution, state constitutions, statutory law, administrative regulations, and case law.

Administrative Law

Law that governs the powers and actions of administrative agencies to ensure rules are fair and legal.

Administrative agency

A government department or agency that specializes in a particular area (e.g., Department of Education).

Common Law Doctrines

Principles that guide how law is applied across cases within a state, following precedents unless higher courts overturn them.

Ordinances

Local laws enacted by municipalities; created or passed by elected officials.

Uniform Laws

Model laws proposed for adoption by states to promote consistency across jurisdictions.

Uniform Commercial Code (UCC)

A uniform set of commercial laws used to standardize business transactions.

Plaintiff (Petitioner)

The person who files the lawsuit; the party alleging harm.

Defendant (Respondent)

The person sued; the party accused of wrongdoing.

Statute of limitations

A law setting the maximum time to bring a lawsuit in court.

No precedent

No prior case law exists for a situation; similar cases must be used as reference.

Precedent

An earlier decision that guides future similar cases.

Jurisprudence

The science or philosophy of law.

Reporter

Publication in which court decisions are reported.

Stare decisis

Doctrine requiring judges to follow established precedents.

Opinion

The court’s written explanation of the reasons for its decision.

Natural Law

Law based on universal moral principles or higher authority, not just written statutes.

Legal Realism

View that law should reflect real-life impacts and outcomes for people.

Positivist - delete

Legal positivism: law is the set of rules created by the sovereign or competent authority, regardless of morality.

Historical

Applying laws and concepts as they were originally used or understood historically.

Substantive Law

Rights, duties, and offenses defined by law (what you may or may not do).

Procedural Law

Rules that govern how the law is applied and enforced.

Civil Law

Law dealing with disputes between individuals or organizations, aiming to resolve conflicts and compensate harm.

Criminal Law

Law focusing on offenses against society, aiming to punish offenders and deter crime.

Cyberlaw

Laws governing electronic communications and online transactions.

Remedy

A solution to compensate the wronged party.

Court of Law

A court that provides remedies at law, typically monetary damages.

Damage

Monetary reward or compensation awarded in a remedy.

Breach

A violation or breaking of a law, contract, or duty.

Injunction

A court order making the court do something to STOP the person that is doing something

Specific performance

A court order compelling a party to fulfill a contract as agreed.

Rescission & Restitution

Canceling a contract and restoring the parties to their original positions.

Equitable maxims

Fairness-based principles used in equity to guide decisions.

Laches

Doctrine that bars legal action if pursued negligently or unreasonably late.

Defense

an argument or reason that a defendant provides to a court to show why they should not be held liable or convicted for the plaintiff's claims

Remedy at Law

Monetary compensation as a remedy.

Remedy at Equity

Remedies other than money, such as injunctions or specific performance, aimed at fairness.