Chapter 1 – Law and Legal Reasoning (Study Notes) - Fill in the Blank Flashcards

Fill-in-the-blank flashcards covering key concepts from Chapter 1 – Law and Legal Reasoning.

A is a set of rules and guidelines in society that have consequences if broken.

Law

_ is the legal responsibility for something (debt, obligation, or action).

Liability

A single business action may involve many fields (such as contracts, HR, and marketing).

legal

Primary sources of law include the Constitution, statutes, administrative rules, and case law; sources summarize or explain the law.

Secondary

The Constitution is the supreme law of the land.

U.S.

State constitutions are supreme within a state unless they conflict with the Constitution.

U.S.

Statutory law is created by legislatures and includes local ordinances.

legislatures

Uniform Laws (for example, the for commerce) are statutory laws.

UCC

Administrative law is created by government (federal, state, local).

agencies

law is law made in court decisions.

Case

is a court decision that serves as authority in later cases.

Precedent

Stare decisis means 'to stand on cases.'

decided

Judges must follow established in similar cases.

precedent

authority is a controlling precedent that a court must follow.

Binding

authority is precedent from another jurisdiction or a secondary source that a court may consider when no binding authority exists.

Persuasive

A departure from precedent occurs when the court finds the precedent or when social/technological changes occur.

outdated

The Brown v. Board of Education (1954) decision overturned ' but equal.'

separate

Cases of first impression occur when there is no ; courts look to statutes, administrative law, or persuasive authority.

precedent

IRAC method: – what are the key facts/issues?

Issue

IRAC method: – what law applies?

Rule

IRAC method: – how does it apply here?

Application

IRAC method: – what is the outcome?

Conclusion

A is relief given to enforce a right or compensate for violation.

Remedy

Remedies at law (traditional) include money or property .

damages

Equitable remedies include , Injunction, and Rescission.

Specific performance

Equitable remedies include Specific performance, , and Rescission.

Injunction

Equitable remedies include Specific performance, Injunction, and .

Rescission

Courts today may grant both, but equity is available only if legal remedies are .

inadequate

Substantive law defines rights and duties; Procedural law covers the of enforcing rights.

methods

Civil law involves private rights; Criminal law concerns wrongs against society; the goal of civil law is .

compensation

Criminal law is prosecuted by the and aims for punishment/deterrence.

government

National law applies within a country; International law governs relations among .

nations