BLAW372H Exam 1 - CH 1 Vocab

Biza Business Law Exam 1 Ch 1 BLAW 372H

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)