Law and Legal Reasoning Study Guide

This set of flashcards covers key terms and concepts from the Law and Legal Reasoning study guide, providing essential definitions and explanations for exam preparation.

What is the definition of law?

A body of enforceable rules governing relationships among individuals and between individuals and society.

What does liability mean in legal terms?

The state of being legally responsible for something, such as a debt or obligation.

What are primary sources of law?

Sources that establish the law, including constitutions, statutes, administrative rules, and case law.

What are secondary sources of law?

Books and articles that summarize and clarify primary sources of law, like legal encyclopedias and treatises.

What is constitutional law?

Law based on the U.S. Constitution and state constitutions; it is the supreme law of the land.

What is statutory law?

Laws enacted by legislative bodies at federal, state, or local levels, including statutes and ordinances.

Define ordinance in legal terms.

A local law passed by a municipal or county governing body, often concerning zoning, safety codes, etc.

What is administrative law?

Rules, orders, and decisions created by administrative agencies (e.g., EPA, FTC) to carry out regulatory duties.

What is the role of administrative agencies?

Government bodies created to perform specific regulatory functions.

How is case law developed?

Rules of law developed through judicial decisions, interpreting statutes, regulations, and constitutional provisions.

Define common law.

Law developed from custom and judicial precedent rather than statutes.

What does precedent refer to in law?

A court decision that serves as an example or authority for deciding later cases with similar facts.

What is Stare Decisis?

The doctrine that obligates judges to follow precedents within their jurisdiction.

What is binding authority in legal terms?

Any source of law a court must follow when deciding a case, such as constitutions, statutes, and controlling precedents.

What is persuasive authority?

Legal authorities that a court may consult for guidance but aren’t required to follow.

What is legal reasoning?

The process by which judges harmonize their opinions with prior judicial decisions using the IRAC method.

Define substantive law.

Law that defines, describes, regulates, and creates legal rights and obligations.

What is procedural law?

Law that establishes the methods of enforcing the rights created by substantive law.

What distinguishes civil law from criminal law?

Civil law governs disputes between private parties or between individuals and their government, while criminal law defines and punishes wrongful actions committed against the public.

What is the primary purpose of the Privileges and Immunities Clause?

It prevents states from discriminating against citizens of other states.

What is the significance of the Supremacy Clause?

It states that federal law is the supreme law of the land, overriding state laws.

What are the three levels of scrutiny applied when reviewing laws under the Equal Protection Clause?

1. Strict Scrutiny 2. Intermediate Scrutiny 3. Rational Basis Test.

What is judicial review?

The process by which courts decide the constitutionality of legislative enactments and executive actions.

What case established judicial review in the United States?

Marbury v. Madison (1803).

What is in personam jurisdiction?

Court jurisdiction over the person (defendant) involved in a legal action.

What is subject matter jurisdiction?

The authority of a court to hear cases of a particular type.

What is alternative dispute resolution (ADR)?

Resolving disputes outside the courts through methods like negotiation, mediation, and arbitration.

What is tort law?

A civil wrong not arising from a contract; a breach of legal duty causing harm or injury to another.

What is negligence in tort law?

Arises from failure to exercise reasonable care, causing harm (fault without intent).

What is strict liability?

Liability without fault; applied in cases involving abnormally dangerous activities, wild animals, or defective products.

What is the Fair Use Doctrine?

A legal exception allowing limited use of copyrighted material for purposes like teaching or research.