Chapter 1: Intro to Law and Legal Reasoning

Sources of U.S. Law

Constitutional law, Statutory law, Administrative law

Statutory law

laws created and passed by elected representative legislators and officials. Example: Ordinances (legislation enacted by elected authority in a state) and Uniform commercial code (regulations for business and finance created by the state)

Administrative Law

dealing with the powers of administrative agencies, federal and state agencies regulate a variety of things by passing regulations Examples: rules and regulations made by the U.S Department of Labour or environmental laws

Case Law

in a trial it's the ruling by a judge or jury. It shows us how the law is interpreted and can be used, and sets a precedent

Common Law tradition

Developed through tradition and precedence. American law is largely based on English common Law

Civil Law system (not to be confused with civil law)

Louisiana is only state based on civil law rather than common law

Every type of law will be either:

substantive law, procedural law, civil law, criminal law

substantive law

Consists law that create legal rights and obligations (gives you the right to do something if someone does damage to you)

procedural law

Consists of laws that outline methods of enforcing rights established by substantive law (Procedural gives you rules and timeframes for filing lawsuits for damages)

civil law

Not the civil law system, its related to criminal law. Spells out the rights and duties that exists between people and between them and their government, as well as reliefs available when a persons rights are violated. Example: disputes between neighbors. These cases would be taken to a civil court!

criminal law

concerned with wrongs committed by the public, not private disputes. Criminal law aims to punish and is defined and prohibited by local, state, or federal statutes. Exp: driving tickets

Plaintiff

party who initiated a lawsuit

Defendant

party against whom the lawsuit is brought

Appallent

the party who takes an appeal from one court to another after being unsatisfied with the result, aka appealing it

Appellee

the party against whom an appeal is taken

Damages

monetary award sought as a remedy for a breach of contract