Introduction to Law and Legal Systems Chapter 1

These flashcards cover fundamental legal concepts, classifications of law, the hierarchy of law, and various legal sanctions as discussed in the lecture notes.

Law

A formal social force backed by enforcement.

Rule of Law

The principle that laws apply to everyone the same way and are equally punishable regardless of status in society.

Common Law

A system that emphasizes the role of judges in determining the meaning of laws and how they apply to different situations.

Stare decisis

A Latin phrase meaning ‑Let the prior decision stand.‑

Civil Law

A classification of law involving a dispute between private individuals requesting damages or relief rather than criminal punishment.

Criminal Law

A government action against an individual for an act against society.

Crime Classifications

Crimes are classified as Treason, Felonies, and Misdemeanors.

Parties to a Civil Lawsuit

The Plaintiff and the Defendant.

Parties to a Criminal Lawsuit

The Government and the Defendant.

Substantive Law

Law that defines the legal relationship between people and between people and the state.

Procedural Law

The method and means by which substantive law is made and administered.

Federal Sources of Law

1. US Constitution 2. Legislation 3. Administrative Law 4. Judicial Decisions

State Sources of Law

1. State Constitution 2. Legislation 3. Administrative Laws 4. Local ordinances

Legal Sanctions

Methods used by law enforcement officials and courts to encourage or force compliance with and obedience to the law. Can be a form of punishment for violating the law. Different types of law have different legal sanctions available under our laws.

Legal Sanctions (Criminal Conduct)

Used to protect the public and deter wrongful conduct; includes Death, Imprisonment, and Fines.

Legal Sanctions (Tortious Conduct)

To compensate for money damages. Two Types: Compensatory/Exemplary

Compensatory Damages

To make the plaintiff whole.

Exemplary Damages

To punish and deter.

Legal Sanctions (Breach of Contract)

Compensatory Damages: Money 

Equitable Relief: Non-Money Damages: (when money is not enough):

Examples:

•Recission

•Specific performance

No Exemplary damages