Chapter 1 BLAW Flashcards

American legal system

Establish standards, enforce laws, resolve disputes, and promote the common good.

Black letter law

Law that focuses strictly on the letter of the law, not how it is applied in practice.

Precedent

A previous court ruling used to guide decisions in similar cases.

Case law

Law based on judicial decisions and precedent, ensuring consistency and fairness.

ADR

Alternative Dispute Resolution – methods like mediation and arbitration to resolve disputes outside court.

Constitutional law

The supreme law of the land, including the Bill of Rights.

Statutory law

Laws enacted by legislatures, such as Congress and state legislatures.

Administrative law

Rules and decisions created by administrative agencies.

Common law

Judge-made law based on precedent and past rulings.

Stare decisis

Legal principle of determining points in litigation according to precedent.

Remedies in equity

Non-monetary solutions such as injunctions or specific performance based on fairness.

Substantive law

Defines rights; distinguishes from procedural law which outlines enforcement.

Civil law

Handles private disputes; contrasts with criminal law which involves offenses against society.

Cyberlaw

Legal principles applied to internet and digital communications.

Commerce Clause

Constitutional provision granting the federal government power to regulate interstate commerce.

Dormant Commerce Clause

Doctrine restricting state regulations that burden interstate commerce.

First Amendment

Protects free speech including commercial and political speech for businesses.

Symbolic speech

Non-verbal expression like clothing or gestures protected under free speech.

Due process

Ensures fair legal rights through procedural and substantive processes.

Tort

A civil wrong causing harm that can result in liability.

Product liability

Legal responsibility for harm caused by defective products.

Implied Warranty of Merchantability

Guarantees that a product will meet a minimum level of quality.

Employment law

Concerns workplace safety, discrimination, and employee rights.

Antitrust law

Laws to promote fair competition and prevent monopolies.

Securities regulation

Laws governing stock and investment markets overseen by the SEC.

Reception statutes

Acts by states to incorporate English common law unless conflicting with local laws.

Administrative Procedure Act (APA)

Governs how federal agencies create, adopt, and enforce regulations.

Code of Federal Regulations (CFR)

Codified collection of all rules and regulations by federal agencies.

Remedies at Law vs. Remedies in Equity

Monetary versus non-monetary relief focused on fairness.

Civil law vs. Common law systems

Civil law relies on written codes; common law is based on judicial decisions.

National law vs. International law

National law governs within a single country; international law governs between countries.

Supreme Court ruling in South Dakota v. Wayfair Inc.

States can require online retailers to collect sales tax without physical presence.

Family Winemakers of California v. Jenkins (2010)

Court ruled against a Massachusetts law discriminating against out-of-state wine producers.

Immigration Reform and Control Act (IRCA)

Prohibits hiring undocumented workers and imposes penalties for non-compliance.

FTC enforcement tools

Consent orders, administrative complaints, litigation, and public investigations in antitrust cases.