Law and Legal Reasoning Study Guide

A set of flashcards covering key terms and definitions related to law and legal reasoning.

Law

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

Liability

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

Primary Sources of Law

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

Secondary Sources of Law

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

Constitutional Law

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

Statutory Law

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

Ordinance

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

Administrative Law

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

Case Law

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

Common Law

Law developed from custom and judicial precedent rather than statutes.

Precedent

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

Stare Decisis

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

Binding Authority

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

Persuasive Authority

Legal authorities that a court may consult for guidance but isn’t required to follow (e.g., precedents from other jurisdictions).

Legal Reasoning

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

Substantive Law

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

Procedural Law

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

Civil Law

Law that governs disputes between private parties or between individuals and their government.

Criminal Law

Law that defines and punishes wrongful actions committed against the public.

Citation

A reference to a publication where a legal authority (e.g., statute, case decision) can be found.

Opinion

A written statement by a court explaining its decision in a case.