Introduction to Law and Legal Reasoning

Law

Enforceable rules governing relationships among individuals and between individuals and society

Liability

The state of being legally responsible for something (ex. Debt or obligation)

Constitutional law

Distributes power among branches of government.

Statutory law

Body of law enacted by legislative bodies

Ordinances

Laws drafted by local legislative bodies

Uniform Laws/UCC

A uniform set of rules that govern most commercial transactions, adopted by all states (partially LA, fully DC and Virgin Islands)

Not federal law but serves as a model to promote consistency in state laws.

Administrative law / Regulations

Rules and orders of administrative agencies at federal, state, and local levels

Case law

Court decisions that serve as actual law cases

Common Law Tradition

A body of law developed from custom or judicial decisions, originating from the Kings court in England

Not attributable to legislature

Precedent

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

Stare decisis

A common law doctrine under which judges are obligated to follow precedent

Binding authority

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

Plessy v. Ferguson

A case ruling that established the separate but equal doctrine, allowing states to legally segregate against races

Brown v. Board of Education

A case ruling that declared separate educational facilities inherently unequal, thus unconstitutional

Case of first impression

A legal case with no precedent, where courts look to persuasive authorities and secondary sources of law

Persuasive authority

Cases in other jurisdictions that are not binding but can influence a court's decision

Secondary sources of law. - examples

Publications that explain, summarize, or interpret the law, such as legal encyclopedias, treatises, articles, and law journals

Administrative agencies

Organizations like IRS, FBI, DEA, US Marshalls, OSHA, FAA, FDA, Veterans health admin that create regulations

Rulemaking

The process by which administrative agencies create regulations

Enabling legislation

Laws passed by legislatures that create administrative agencies and grant them authority

Earl Warren

Chief Justice who presided over the unanimous decision in Brown v. Board of Education

Thurgood Marshall

The first African American Supreme Court Justice and lawyer for the plaintiffs in Brown v. Board of Education

Persuasive authority

Source that can be used to support a court's decision-making process but not required to follow.

Remedy at law

Award of money or land.

Remedy in equity

Award of something other than money or land.

Specific performance

A legal remedy requiring a party to perform a specific act, usually to fulfill a contract.

Injunction

A court order requiring a party to do or refrain from doing a specific act.

Rescission of contract

The cancellation of a contract, returning the parties to their pre-contractual position.

Substantive law

Law that defines, describes, regulates, and creates legal rights/obligations.

Procedural law

Law that establishes methods of enforcing rights established by substantive law.

Civil law

Law that pertains to private or public rights, allowing parties to sue or countersue and collect damages.

Criminal law

Law that defines and punishes wrongful actions committed against society, with the state prosecuting.

National law

Law that pertains to a particular nation.

International law

Law that governs relationships among nations, with violations potentially resulting in boycotts, wars, or diplomatic actions.

State law

Law that is enacted by state legislatures.

Federal law

Law that is enacted by the federal government.

United States Code

Arranges all existing federal laws of a public and permanent nature by subject.

State codes

State laws arranged by subject following the pattern of the United States Code.

Case citation

A reference to a legal case that includes the name, set of books, number of book, page number, and year.

Parties in a legal action

The individuals involved in a legal case, including Plaintiff, Defendant, Appellant, and Appellee.

Appellant

The person who brings the case to the appellate court, which may be either the defendant or the plaintiff.

Appellee

The person who gets the appeal against.

Judge

An official who decides cases at the trial or lower court level.

Justice

An official who decides cases at the appellate court level.

Majority Opinion

An opinion that reflects the agreement of most justices on the same decision.

Concurring Opinion

An opinion where justices agree a party should win but for a different reason than presented.

Dissenting Opinion

An opinion written by justices who did not agree with the majority decision.

Statutory law

Body of law enacted by legislative bodies, including federal and state legislatures.

Laws passed by the US Congress and signed into law by the president.

Jurisprudence

The study of philosophical law.

Natural law

The oldest school of legal thought, based on the belief that the legal system should reflect universal moral and ethical principles inherent in human nature.

Legal positivism

A school of legal thought centered on the assumption that there is no higher law than the laws created by a national government.

Historical school

A legal theory that emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system.

Legal realism

A perspective that views law as one of many institutions in society shaped by social forces and needs.

primary source of law

A source that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.

secondary source of law

a book or article that summarizes and clarifies a primary source of law.

Referred to guidance and not binding law