Studied by 7 people
Law
enforceable rules governing relationships among individuals and between individuals and their society
Ethics
the principles governing what constitutes right or wrong behavior
Primary sources of law
sources that establish the law
Examples of primary sources
US and state constitutions, statutory law, regulations from admin agencies, case law and common law doctrines
statutory law
laws passed by congress, state legislatures, or local governing bodies
secondary sources of law
books and articles that summarize and clarify primary sources
10th Amendment
gives the states all powers not granted to the federal government
ordinances
regulations passed by municipal or county governing units to deal with matters not covered by federal or state law (zoning, safety codes, etc)
uniform commercial code (UCC)
adopted by all 50 states, facilitates commerce among the states
independent regulatory agencies
federal trade commission, securities and exchange commission, federal communications commission (President has < influence over)
Case law
judge-made law; the doctrines and principles announced in cases... covers areas not covered by statutory or admin law
curiae regis
king's courts
common law
body of general rules that applies throughout the entire English realm
remedies awarded by the King's courts
land, items of value, money (courts of law, remedies at law)
Courts of equity
seek to supply a remedy when no adequate remedy at law is available
Remedies in equity
specific performance, injunction, and rescission (not granted unless the remedy at law, money, is inadequate)
equitable maxims
propositions or general statements of equitable rules
Statutes of limitations
after the time allowed is expired, no action can be brought, no matter how strong the case originally was
US legal procedure
combined courts of law and equity... party can request both legal and equitable remedies
action at law
party doesn't have the right to demand a jury trial
precedent
a decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
stare decisis
1. A court should not overturn its own precedents unless there is a compelling reason to do so
2. decisions made by a higher court are binding on lower courts
binding authority
any source of law that a court must follow when decising a case (constitutions, statutres, regulations, ect)
cases of first impression
cases for which no precedents exist
persuasive authorities
legal authorities that a court may consult for guidance but that are not binding on the court
IRAC method
What are the key facts and Issues, what Rule of law applies to the case, how does the law Apply, what Conclusion should be drawn
(Issue, rule, application, conclusion)
cases on point
previously decided cases that are as similar as possible to one another
jurisprudence
study of the law
natural law theory
a higher, or universal, law exists that applied to all human beings
each written law should reflect the principles inherent in natural law
legal positivism
there can be no higher law than a nation's positive law
there are no natural rights, they exist solely because of laws
historical school
focuses on the evolutionary process of law and concentrates on the origin and history of the legal system
legal doctrines that have withstood the passage of time are best suited for shaping present laws
legal realism
law is just one of many institutions in society and it's shaped by social forces and needs
Sociological school
views law as a tool for promoting justice in society
substantive law
all laws that define, describe, regulate, and create legal rights and obligations
procedural law
outline the methods of enforcing the rights established by substantive law
civil law
rights and duties that exist between persons and between persons and their governments
criminal law
wrongs committed against the public as a whole
Ranking of courts
trial court --> court of appeals --> supreme court
Appellate/reviewing court decisions
published and distributed
majority opinion
outlines the views of the majority of deciding judges
concurring opinion
a judge that agrees with the majority but not the legal reasoning
dissenting opinion
presents the views of one or more judges who disagree with the mjority view
plurality opinion
the opinion that has the support of the largest number of judges, but the group in agreement is less than a majority
per curiam opinion
doesn't indicate which judge wrote the opinion
In the US, who creates federal statutory law?
a) congress
b) the executive branch
c) uniform law committees
d) the judiciary
a) congress
How a hearing or court case is conducted is governed by:
a) statutory law
b) venue
c) procedural law
d) interpretation
c) procedural law
Which of the following is an example of federal agency regulations that impat business operations?
a) consumer protection act
b) wage and hour laws
c) IRS rules for business tax audits
d) US supreme court decisions
c) IRS rules for business tax audits
The abbreviation “U.S.” in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:
a) United States Reports.
b) U.S. Supreme Court.
c) United States Supreme Court Reports Lawyers’ Edition.
d) United States.
a) United States Reports.
A legal citation for a court decision is used by legal professionals to research the law, and includes:
a) party names and the court’s holding.
b) a summary of the case.
c) party names, location of the published case, court, and date of decision.
d) plaintiff and defendant names, and facts of the case.
c) party names, location of the published case, court, and date of decision.
Substantive law governs a person’s:
regulatory responsibilities.
procedural responsibilities.
ethical responsibilities.
rights and responsibilities.
rights and responsibilities.
State statutory law is created by:
the governor.
elected members of the state legislature.
elected congressional members.
elected members of the judiciary.
elected members of the state legislature.
Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.
published ordinances
online legal research engines such as Lexis, Westlaw, or Bloomberg
published session laws
bound volumes of reported court decisions, organized by jurisdiction, date, and courts
online legal research engines such as Lexis, Westlaw, or Bloomberg, bound volumes of reported court decisions, organized by jurisdiction, date, and courts
What do legal professionals use to analyze court decisions that are relevant to their clients’ cases?
case briefing
local court rules
the FLAC method
promulgation
case briefing
Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.
Ark. Code Ann. § 6-17-2401 (2020)
856 S.W.2d 12 (Ark. 1993)
Cal. Penal Code § 11164(a) (West 2020)
24 C.F.R. Part 570
Ark. Code Ann. § 6-17-2401 (2020), Cal. Penal Code § 11164(a) (West 2020)
Note 
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