LEGS Chapter 1

Business Law

Enforceable rules of conduct that govern commercial relationships

Criminal Law

involves incidents in which someone commits an act against the public as a whole

What classification of law can be viewed as an act against the public?

Criminal Law

Civil Law

Involves the rights and responsibilities involved in relationships between persons and persons and their government

What are the sources of Law?

Constitutional Law, Statutory Law, Case Law, Administrative Law, treaties, executive orders

What is another word for statutory law?

act

Model Law

serve as a basis for some statuary law at the state level

Case Law

is also known as common law is the collection of legal interpretations made by judges

Precedent

a tool used by judges to make ruling on cases based on key similarities to previous cases

Stare Decisis

“let the decision stand”; is this precedent binding or mandatory if it comes from a higher court in our jurisdiction

Restatements of the Law

summaries of common law rules in a particular area of the law. Restatements do not carry the weight of law can be used to guide interpretations of cases

Administrative Law

is a collection of rules and decisions made by all these administrative agencies

identification with the vulnerable

a school of jurisprudence that holds that society should be fair. Attention is therefore paid to the poor, the ill, and the elderly

Historical school

a school of jurisprudence that uses tradition as the model for future laws and behavior. Also called tradition or custom

Originalism

is the theory of interpretation of legal texts such as the Constitution by relying on the words or intent of the creators of the text in question

Legal realism

a school of jurisprudence that holds that context must be considered as well as law. Context includes factors such as economic conditions and social conditions

Cost benefit analysis

an economic school of jurisprudence in which all costs and benefits of a law are given monetary values. Laws with the highest rations of benefits to costs are then preferable to those with lower ratios