law SET 1: Chapter 1 Notes (General)

Q: What is the generally accepted definition of "law"?

A: A body of rules of action or conduct prescribed by a controlling authority, having legal binding force.

Q: What are the 5 main purposes of law?

1. order (conduct/consequences);

2. equality and justice;

3. a method for resolving disputes;

4. good faith dealing among merchants;

5. reliability in applying the law evenly.

Q: What are the 4 primary sources of American law?

A: 1.Constitutional law,

2. statutory law,

3. common law, and

4. administrative law — each existing at both federal and state levels.

Q: What are constitutional law's three main functions?

A: (1) Structure/powers of government, (2) federalism (shared federal/state powers), (3) individual civil rights/procedural protections.

Q: What makes constitutional law different from other sources of law?

A: Permanence (rarely amended) and preemption (supreme over all other sources of law).

Q: What is a "bill" vs. a "statute"?

A: A bill is proposed legislation not yet passed/signed.
A statute is a bill that has been passed by the legislature and signed (or veto-overridden) into law.

Q: What's the plain meaning rule?

A: If a statute's words have a clear, widely understood meaning, courts apply the statute according to that ordinary meaning.

Q: When the plain meaning rule isn't enough, what two things do courts look to?

A: (1) Statutory scheme (structure of the statute), and (2) legislative history (debates, committee reports, findings of fact).

Q: What is common law?

A: Law made by courts, filling gaps when no existing statute covers a dispute.

Q: What is stare decisis?

A: The doctrine that similar cases with similar facts should reach similar outcomes.

Q: What is precedent, and who creates it?

A: The application of a past court decision (called the "holding") to a current similar case; created by appellate courts.

Q: Does precedent from one state bind another state?

A: A case with an issue that has never been litigated before in the court hearing it.

Q: What is a "case of first impression"?

A: A case with an issue that has never been litigated before in the court hearing it.

wet concrete

A: It's about not treating stare decisis as unbreakable — from Flagiello v. Pennsylvania Hospital (1965).

Q: What is administrative law?

A: Law authorizing executive/independent agencies to regulate specific areas; created via congressional mandates (e.g., EPA under the Clean Air Act).

Q: What is preemption?

A: When one source of law trumps another conflicting source, based on the hierarchy of law.

Q: What are the two main secondary sources of law?

A: (1) Restatements of the Law (ALI), and (2) Model/Uniform statutes (e.g., UCC).

Q: Are secondary sources of law legally binding?

A: No — they have no independent legal authority; courts/legislatures may adopt, partially adopt, or reject them.

Q: What is the UCC?

A: The Uniform Commercial Code — drafted by the NCCUSL; adopted by every state except Louisiana; Article 2 covers sale of goods.