CH 5 Intro to Law

American Legal System

A blend of English, French, Scottish, and Spanish legal traditions, primarily influenced by English common law.

English Common Law

A legal system developed in England based on judicial decisions and precedents, which heavily influenced American law.

Constitutional Law

Law derived from the U.S. Constitution and state constitutions.

Statutory Law

Laws enacted by legislative bodies, including Congress, state legislatures, and local governing bodies.

Administrative Law

Regulations created by administrative agencies, such as the FDA or state insurance commissions.

Case Law

Law established through judicial decisions and precedents.

Common Law Doctrines

Principles and rules established by past judicial decisions, forming part of the law.

International Law

Laws and treaties involving international relations, though not usually handled directly by general legal practitioners.

Primary Sources of Law

Direct sources that establish the law, including case law, constitutions, statutes, and regulations.

Secondary Sources of Law

Works that explain, summarize, or analyze primary sources of law, such as legal encyclopedias, treatises, and articles in law reviews.

Persuasive Authority

Secondary sources of law that can influence legal decisions, such as treatises written by respected scholars.

Restatements of the Law

Collections that aim to distill and summarize common law principles, often cited by courts for guidance.

Nature of Law

Defined as a body of rules established and enforced by government, providing stability, predictability, and continuity.

Function of Law

Establishes rights, duties, and privileges; allows citizens to predict legal outcomes and seek compensation for wrongful acts.

Court System

Discussed in detail in Chapter 6, focusing on how the court system interacts with different sources of law.

Legal Precedent

A previous court decision that serves as a guide for deciding similar future cases.

Doctrine of Stare Decisis

The principle that courts should follow precedents set by previous decisions. The term means "to stand by things decided."

Binding Authority

A source of law that courts are required to follow, such as constitutions, statutes, and regulations within their jurisdiction.

Persuasive Precedent

Legal precedents from other jurisdictions or secondary sources that courts may consider but are not obligated to follow.

Departures from Precedent

Situations where a court overturns or deviates from established precedent due to reasons such as changes in societal values or technological advancements.

Case of First Impression

A case that presents a legal issue with no existing precedent, often involving new technology or novel legal questions.

Public Policy

Government policies based on widely held societal values that can influence judicial decisions.

Remedies at Law

Traditional legal remedies, such as monetary compensation or property awards, provided by early English courts.

Remedies in Equity

Remedies provided by courts of equity, which are more flexible and may include orders like injunctions or specific performance, addressing issues not covered by remedies at law

Role of Precedents

Precedents help ensure consistency and predictability in the legal system, guiding judges in similar future cases.

Stare Decisis

Essential for efficiency and stability in the legal system, although courts can depart from it if justified.

Cases of First Impression

Require courts to analyze legal principles, policies, and social values to make decisions when no prior precedent exists.

Judicial Bias

Judges strive to be impartial, but personal attributes can influence decision-making.

Remedies

Early courts could only award limited remedies at law, leading to the development of equity courts to address broader justice needs.