Law, Rule of Law, and Property (Video Notes)

Vocabulary flashcards covering key concepts, terms, and principles from the lecture notes on law, the rule of law, and property.

Law

The rules of the state backed up by enforcement.

Rule of Law

The general and equal application of laws, even to lawmakers.

Property

A bundle of private, exclusive rights in people to acquire, possess, use, and transfer scarce resources.

Enforcement institutions

Courts and police that maintain the legal system through enforcement.

Formal social force

Laws are written down, accessible, and can be understood and obeyed.

Accountability under the law

The government, officials, and private entities are answerable under the law.

Clear, publicized, stable, and just laws

Laws that are clear, publicized, stable, and just, applied evenly and protecting fundamental rights.

Accessible, fair, and efficient process

The process by which laws are enacted, administered, and enforced is accessible, fair, and efficient.

Timely justice

Justice delivered timely by competent, ethical, and independent representatives who reflect the communities they serve.

Lobbying bias in lawmaking

Lobbying can create biases in lawmaking; accountability mechanisms try to curb favoritism.

Judges and the rule of law

Judges play a vital role in maintaining the rule of law by interpreting and applying laws.

Public property

Resources owned by the government, such as roads, public buildings, lands, and monuments.

Private property

Ownership rights that allow use, exclusion, and transfer of resources by individuals.

Common property

Resources like land owned jointly by more than one person.

Jurisprudence

The science of the law; practical interpretation and justification of laws.

Regulatory law

Laws that protect ownership and set limits on how private resources can be used.

Antitrust law

Laws that forbid monopolies and regulate how businesses can compete for resources.

Security laws

Laws regulating the transfer of ownership in certain profit-making opportunities.

Environmental law

Laws controlling how resources can be used to limit pollution and environmental impact.

Labor and antidiscrimination laws

Laws protecting employees’ rights and prohibiting workplace discrimination.

Corporate governance

Law protecting owners from managers and regulating the use of corporate resources and the relationship between owners and managers.

Natural law

Universal moral principles in law that are observed in nature and humanity; e.g., it is morally wrong to kill.

Positive law

Law that consists of the commands of the state backed by force and punishment.

Historical school

Contemporary law should reflect long-standing legal principles and traditions of a nation.

Sociological jurisprudence

Idea that law should evolve to meet changes in society.

Legal realism

Examines how police, prosecutors, judges, and administrators actually enforce and apply laws, not just the words of the law.

Common law

Law derived from judicial decisions and precedent, with judges playing a central interpretive role.

Civil law (legal system)

Law focusing on private rights and duties, typically codified and relying less on judicial decisions.

Public law

Law governing the relationship between individuals and society, including constitutional, administrative, and criminal law.

Private law

Law governing relationships between legal entities and individuals, such as property, contract, and tort law.

Civil law vs. Criminal law

Civil law deals with private disputes and damages; criminal law involves offenses against society and punishment by the state.

Constitutional law

Interpretation and application of federal or state constitutions.

Administrative law

Principles applying to government agencies, boards, and commissions.

Criminal law

Offenses against the proper order of the state, with prosecution by the government and punishment.

Property law

Rights in tangible and intangible resources recognized by law.

Contract law

Rules for how owners transfer resources by voluntary exchange.

Tort law

Rules for compensation when civil wrongs occur, short of breach of contract.

Civil vs. Criminal case objectives

Civil cases seek damages or relief; criminal cases seek punishment for a public wrong.

Preponderance of the evidence

Civil standard: more likely than not that the claim is true.

Beyond a reasonable doubt

Criminal standard: proof that leaves no reasonable doubt of guilt.

Remedies

The right to take another party’s resources when the law is violated.

Damages

Monetary compensation in civil cases; includes compensatory, consequential, and punitive damages.

Breach of contract

Failure to perform a contractual promise.

Specific performance

Court order requiring a party to fulfill a contractual obligation.

Remedies for torts

Compensatory damages or punitive damages when a tort is proven.

Sanctions

Methods to encourage or force compliance with the law.

Prayer for relief

Requests for damages or other remedies in a lawsuit.

Loving v. Virginia (1967)

Supreme Court case striking down laws banning interracial marriage; later cited as precedent for marriage equality.

Stare decisis

Doctrine of precedent: let prior decisions stand to provide certainty and predictability.

Dicta

Statements in a judicial opinion not essential to the decision; not binding as precedent.

Constitutional relativity

Understanding the meaning of the Constitution in light of the times of interpretation.

Originalism

Interpreting the Constitution according to the original intentions of its authors.

Hierarchy of sources of law (US)

US Constitution is supreme; followed by statutes, then administrative regulations; state constitutions, statutes, regulations, local ordinances, and case law in separate hierarchies.

Citations

Location details for locating cases in legal research.

Prayer for relief

A request in a lawsuit for the specific remedy or compensation sought.

Federal law hierarchy

Constitution -> Acts/Statutes -> Administrative regulations; Supreme over conflicting laws.

State law hierarchy

State constitution -> statutes/acts -> state administrative regulations -> local ordinances; followed by case law.