Foundations of Law in the United States

These flashcards encapsulate key concepts, events, and definitions related to the foundations of law in the United States, as discussed in the lecture notes.

What is a key function of law in society according to the chapter?

Law resolves disputes and provides order and predictability.

What does Shelley Luther argue regarding her right in the case discussed?

She claims a legal right to earn an honest living free from unreasonable governmental constraints.

What constitutional amendment is referenced in relation to government action and individual rights?

The Fourteenth Amendment.

How does the state of Texas justify its executive orders during the pandemic?

By exercising its lawful authority under the Tenth Amendment to protect public health.

What three elements differentiate law from mere customs or morals in society?

Force, official authority, and regularity.

What is the primary source of law in the United States?

The US Constitution.

What are statutes?

Laws passed by Congress and by state legislatures.

What does the term 'judicial decisions' refer to in the context of law?

Court rulings that create a body of law in the United States.

What distinguishes statutory law from common law?

Statutory law is written and systematic, while common law is based on traditions and precedents.

What is the difference between civil law and criminal law?

Civil law deals with disputes between individuals, while criminal law involves offenses against the state.

What is equity in legal terms?

A branch of law that allows for remedies beyond monetary compensation to prevent or address wrongs.

What kind of law pertains to individual rights and liberties against government action?

Constitutional law.

What is the impact of administrative law?

It includes the rules and regulations set by government agencies.

What does the chapter state about America's attitude toward litigation?

The United States is described as a very litigious society with a high volume of lawsuits.

How does the chapter describe Americans' relationship with the law historically?

Ambivalent; Americans respect the law yet have a history of disobedience against unjust laws.

What is one of the positive functions of law mentioned in the text?

Providing for the general welfare of society.

What does the term 'litigious society' mean in context?

A society where individuals frequently resort to legal action to resolve disputes.

How does the chapter illustrate civil disobedience through historical examples?

By referencing events like the Revolutionary War, John Brown's raid, and the Civil Rights Movement.

What does the chapter suggest about the effectiveness of law in societal disputes?

Law provides a means to peacefully resolve disputes rather than resorting to violence.