Chapter 1: Law and Legal Reasoning

What are four primary sources of law in the United States?

• Constitution

• Federal and State Statutes

• Administrative Regulations

• Case Law (Common Law)

What is a precedent?

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

When might a court depart from precedent?

the court may rule contrary to the precedent when they decide a precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable

no precedent

case of first impression, use persuasive authority

Persuasive Authority

information that is not binding on the court but is helpful to the court in formulating a decision and comes from a variety of sources

What is the difference between remedies at law and remedies in equity?

remedy at law: monetary damages or property

remedy in equity: injunction, specific performance, or rescission

What are some important differences between civil law and criminal law?

civil cases: disputes between individuals, dont result in fines designed to punish if imprisonment, any individual can bring a civil suit

criminal cases: government initiates criminal cases, may result in fines, incarceration of a defendant, and in some cases the death penalty

Legal Positivism

the written law of a society at a given time, does not recognize the idea that humans are born with inherent rights, there is no necessary connection between law and morality

Historical School of Legal Thought

The belief that law is the social customs and traditions that have developed over time. Laws that work the best in the past are used to create the present law.

Legal Realism

This theory of law does not believe that laws are set in stone. They are interpreted based on current societal norms, the context of the case → more focused on the entirety of the situation and do not believe that every law can be applied the same way to every person and situation.

Statutory Law

Laws enacted by legislative bodies at the federal, state, and local level, includes local ordinances

Ordinance

a regulation passed by a municipal or county governing unit to deal with matters not covered by federal or state law; deal with city or county land use, building and safety codes, and other matters affecting only the local government

Administrative Law

Rules, orders, and decisions made by administrative agencies including federal, state, and local agencies → extremely powerful

Administrative Agency

a federal, state, or local government agency established to perform a specific function

Enabling Legislation

specifies the name, composition, purpose, and powers of the agency being created

Case Law

Derived from custom and judicial precedent rather than statutes

The Common Law

Body of rules developed in England after the Norman Conquest in 1066; is the basis for our federal law and the state law in 49 states.  

Civil Law

deals with behavior between individuals that causes injury; adjudicate disputes between individuals, government may be party to a civil case as either plaintiff or defendant

Criminal Law

involves wrongs against society, only the government can initiate a criminal case, prosecuted on behalf of the state, not an individual victim

Stare Decisis

the practice of deciding new cases with reference to former decisions, or precedents. Lower courts are required to follow the opinions of the higher court in their jurisdiction. Latin for "to stand on decided cases."

The US Supreme Court not following precedent

• Brown v Board of Education

• Dobbs v Jackson Women’s Health Organization

IRAC

issue, rule, analysis, conclusion

Issue

What is the legal question that needs to be answered? Who are the parties in the case?

Rule

What law applies to the case?

Statue: state or federal

Case Law: which ones? are they binding authority?

could be more than one law that applies to a case; not unusual for a statue to apply for there to be case law interpreting that statue

Application

How does the law that you identified apply to the relevant facts? This is where lawyers and judges earn their money

Conclusion

what conclusion should be drawn?

“case on point”

a case with similar facts to your case

Plaintiff

the party initiating a case at trial court

Defendant

the party being sued at trial court

Appellant

the party who appeals a court’s ruling to a higher court

Appellee

the party against whom an appeal is filed

Majority Opinion

More than half the judges/ justices deciding the case agree with this outcome and the reasoning behind it; determines who wins and what becomes the law

Concurring Opinion

those who agree with outcome of case may write to emphasize something not covered in the majority opinion; also if they come to the same conclusion as majority but for different reasons

Dissenting Opinion

those who do not vote with the majority may write opinions outlining their reasons for not agreeing with the outcome of the case at hand

Plurality Opinion

the opinion with the largest number of judges/ justices joining in but less than a majority of those hearing the case; result in uncertainty as to their precedential value

Per Curiam

opinion issued by the court as a whole, no single judge/ justice signs their name to the opinion, Latin for “by the court”

Substantive Law

all of the states and cases that govern our legal rights and obligations

example of substantive law

Contract law, employment discrimination statues, or intellectual property law

Procedural Law

All of the laws that govern the practicalities of enforcing the substantive law and how a case works its way through the court system

Primary source of law

establishes the law on a particular issue

ex: US Constitution, Statutory Law, Regulations by administrative agencies, Case law (court decisions)

Secondary source of law

a book or sarticrticle that summarizes and clarifies a primary source of law

Constitutional Law

deals with the fundamental principles by which the government exercises its authority, is the law expressed in these constitutions

Uniform Laws

model laws developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

Uniform Commercial Code

facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions

Case Law

the doctrines and principles announced in cases governs all areas not covered by statutory law or administrative law and is part of our common law tradition

Binding Authority

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

Jurisprudence

the science or philosophy of law

National Law

Law that pertains to a particular nation (as opposed to international law)

International Law

the law that governs relations among nations