BLW 302: CH 1 - Law and Legal Reasoning

Define Liability

legal responsible for something because you caused harm to someone else (ie. debt or obligation)

Define Ethics

Principles that govern what is considered right and wrong behavior

“Just because it’s legal does not mean it’s ethical”

What are primary sources of American law? (define and examples)(4)

Sources that establish law

1. US constitution and state constitutions

2. Statutory law

3. Regulations created by administrative agencies

4. case law and common law doctrines

What are Secondary Sources of American Law?

books or articles that summarize and clarify primary sources of law

What is Constitutional Law?

The supreme law of the land

considered the basis of all law in the US

• What is the condition for a law to be considered unconstitutional?

• What occurs if it is declared unconstitutional?

Must be challenged

The law won’t be enforced

Is a state constitution ALWAYS supreme within it’s borders?

No, if it conflicts with US Constitution or federal law

What is Statutory law? Who enacts it?

body of law enacted by legislative body

laws passed by Congress, state legislatures, or local governing bodies

How are federal and state statutes passed and where do they apply to?

federal: passed by congress and applies to all states

state: passed by state legislature and only applies within it’s borders

What are Ordinances?

Regulations passed by local governing units

• focuses on matters affecting local community

ie. city or county

Who creates Uniform law and What is it? What can states do with these laws?

model law created by National Conference of Commissioners (NCOC). Creates:

• Uniform state laws

• American Law Institute

States can choose to adopt or reject uniform law

if accept: becomes statutory law in state

What does the Uniform Commercial Code (UCC) do?

facilitates commerce among states

Provides flexible uniform set of rules that govern commercial transactions

• What is Administrative Law?

• What is an Administrative Agency? Example?

• What does it govern (4)?

Laws created by administrative agencies to carry out their duties

federal or state govt agency created by legislature to perform specific function

• ex: FDA, EPA

1. financing

2. hiring and firing

3. employee relations, unions

4. business manufacturing and marketing of products

• What are the 2 types of federal agencies?

• What are state and local agencies?

1. Executive Agency: controlled by executive branch (president)

2. Independent Regulatory Agency: not controlled by executive branch

parallel agencies to federal agencies

What is Case law? What does it govern?

rules of law announced in court decisions

governs areas not covered by statutory or administrative laws.

What is American law based on?

The English Legal System

What is common law?

body of law developed from judicial decisions in court (system as a whole)

• differs from case law: decision that is made in a case based on precedent

What is Court of Law?

a court where the only remedy granted are things of value (money)

• What is Court of Equity?

• What are the 5 remedies? (isRRR)

a court where fairness is a remedy granted

1. injunction: order to stop specific activity or undo wrong doing

2. Specific performance: order to perform agreement

3. Rescission: cancel contract obligation

4. Restitution: return benefit that is unjustly received

5. Reformation: modification of contract

Define equitable maxims. What are the 6 maxims?

General principles of law related to fairness

1. whoever seeks equity must do equity

2. where there is equal equity, law prevails

   1. law decides outcome if both sides are equal merits

3. one seeking equity aid must have clean hands

   1. acted fair and honest

4. Equity will not suffer a wrong to be without remedy

   1. equitable relief is awarded when there is a right to relief and no adequate court of law remedy

5. more concerned with fairness and justice than legal technicalities

6. will not help those who neglect their rights for unreasonable period of time

How does the court of law and court of equity work in the US?

Both courts are combined and can request both remedy types in the same action.

Describe the procedure for an Action in Law and equity.

1. initiation of lawsuit

2. decision

3. result

4. remedy

Court of law

1. file a complaint

2. judge or jury

3. judgement

4. monetary or property

Court of Equity

1. file a petition

2. judge

3. decree

4. one of the remedies for equity

Define the latin term Stare decisis.

“let the decision stand”

judges must follow precedent in prior decisions unless there is a compelling reason to do so

Higher courts bind the decisions made by lower courts

What is a precedent?

What are controlling precedents?

a past court decision that is used to decide subsequent cases involving similar facts

must be followed within a jurisdiction

What is binding authority?

source of law that court has to follow

• ex. constitutions, statutes, regulations, controlling precedents

What is persuasive authority?

Legal authority or source of law that court can use for guidance when there is no precedent.

• ex. other jurisdiction precedents

Define Legal Reasoning?

When a judge’s reasoning on an opinion harmonizes with previous judicial decisions in previous cases

Define the IRAC method Acronym.

Used to analyze legal problems

I - Issue

• the key facts and issues

R - Rule

• what rule of law applies to case

A - Application (Analysis)

• how does the rule of law apply to particular facts of case

C - Conclusion

• What outcome should be drawn?

What is Case on Point?

When a previous case with similar factual circumstances and issues are relevant to the current case

Define Jurisprudence

The science or philosophy of law

What is jurisprudential Natural law school?

The belief that humans are naturally entitled to certain things

• “natural rights”

• higher law applies to everyone

If written law does not reflect principles in natural law then it does not need to be obeyed

What is jurisprudential Positivist school?

Nationalism. The written law for that society/nation at that time is what goes.

• Laws must be obeyed even if unjust (but can still work to change it)

What is jurisprudential Historical school?

Follow the precedents of past cases

• It worked in the past so it’s valid now

What is jurisprudential Legal realism?

social and economic factors should be considered with the law

• law can never be applied with uniformity b/ judgers have different personalities and values

Define substantial law

The law itself.

• defines, regulates, creates legal rights and obligations

Define Procedural law

How the law is enforced.

• the method used to enforce rights established by substantial law

What is the difference between federal and state law?

Federal covers the entire country

State covers the land within its borders

What is private law and public law?

private: relationship between 2 private entities

• HOA

public: relationship with government and the people

What is national law and international law?

national: laws for just one country or nation

international: laws between countries

What is civil law?

Who is it between?

What are potential results?

• enforcement of private and public rights

• between people and can include gov’t

plantiff v. defendent

• Joe v. Doe

result: liable or not liable

What is criminal law?

Who is it between?

What are potential results?

• punishment of wrongful actions committed against public

• defined and prohibited by local, state, or federal govt

• prosecuted by public officials

between person and government

• state of nevada v. Joe

result: guilt or not guilty

What is a citation?

reference to a publication where a primary source of law can be found

What does U.S.C. stand for? What is it?

United States Code

Where all federal laws passed by congress are arranged

Where are regulations adopted by federal administrative agencies INITIALLY published? Where are they then incorporated into if becomes a rule?

Federal Register

Code of Federal Regulations (C.F.R)

Both federal and state courts have several court levels.

What are trial courts, appellate courts, and state or US supreme courts?

trial court: evidence is presented, testimony given

appellate court: decision from trial court is reviewed

• also know as circuit courts

State or US Supreme Court: review decisions from circuit court

Decisions from state trial courts are available to the public unless…

it’s a sealed file

How do you read the following citation:

17 U.S.C. § 107 (2012) Limitation on exclusive rights: Fair use

17 U.S.C. → title # in the United States code

§ 107 → section 107

(2012) → last year it was updated

Limitation on exclusive rights: Fair use → section’s heading

How do you read the following citation:

20 CFR §402.45 Availability of records. (FOIA —employee benefits)

20 CFR → Title # of the Code of Federal Regulations

§420.45 → section and sub section

Availability of records. → title of section

What court is the following citation from and what does it stand for?

F. Supp or F. Supp 2d

US District courts — Trial

Federal Supplement

What court is the following citation from and what does it stand for?

F. or F.2d or F.3d

US Courts of Appeal — circuit courts

Federal Reporter

What court is the following citation from and what does it stand for?

U.S. or S. Ct. or L. Ed. or L. Ed. 2d.

US Supreme Court

United States Reporter

Supreme Court Reporter

United States Reports: Lawyers Edition

How do you read the following citation:

Rosa and Raymond Parks Institutes for Self Development v. Target Corporation, 812 F.3d 824 (2016)

Rosa and Raymond Parks Institutes for Self Development v. Target Corporation,

• the title

• 1st party is plaintiff, 2nd is defendant

812 F.3d

• volume # in the Federal Reporter 3rd edition

824

• starting page

(2016)

• year decision was made

Define:

• Plaintiff/Petitioner

• Defendant/Respondent

• Appellant/Petitioner

• Appellee/Respondent

Plaintiff/Petitioner: party who initiates lawsuit

Defendant/Respondent: party who the lawsuit is brought to

Appellant/Petitioner: The one who appeals and brings it to another court

Appellee/Respondent: The party against the appeal

Define what is an opinion in law?

statements written by appellate courts that share their reasoning to their decisions

Define the following:

• Unanimous opinion

• Majority opinion

• Concurring opinion

• Dissenting opinion

• Plurality opinion

• Per Curiam opinion

Unanimous opinion

• every judge agrees

• one judge writes opinion, everyone else signs off

Majority opinion

• most judges agree

• one judge writes opinion, everyone else signs off

Concurring opinion

• opinion is written by more than one judge that agree with majority opinion

Dissenting opinion

• opinion written by one or more judges that disagree with the majority opinion

Plurality opinion

• majority vote but does not include all the judges

• some judge seats are open but not filled

Per Curiam opinion

• unanimous opinion but opinion is anonymously written