CH 5 Intro to Law

  1. American Legal System: A blend of English, French, Scottish, and Spanish legal traditions, with English common law having the greatest influence.

  2. English Common Law: A legal system developed in England based on judicial decisions and precedents, which heavily influenced American law.

  3. Constitutional Law: Law derived from the U.S. Constitution and state constitutions.

  4. Statutory Law: Laws enacted by legislative bodies, including Congress, state legislatures, and local governing bodies.

  5. Administrative Law: Regulations created by administrative agencies, such as the FDA or state insurance commissions.

  6. Case Law: Law established through judicial decisions and precedents.

  7. Common Law Doctrines: Principles and rules established by past judicial decisions, forming part of the law.

  8. International Law: Laws and treaties involving international relations, though not usually handled directly by general legal practitioners.

  9. Primary Sources of Law: Direct sources that establish the law, including case law, constitutions, statutes, and regulations.

  10. Secondary Sources of Law: Works that explain, summarize, or analyze primary sources of law, such as legal encyclopedias, treatises, and articles in law reviews.

  11. Persuasive Authority: Secondary sources of law that can influence legal decisions, such as treatises written by respected scholars.

  12. Restatements of the Law: Collections that aim to distill and summarize common law principles, often cited by courts for guidance.


  13. Nature of Law: Defined as a body of rules established and enforced by government, providing stability, predictability, and continuity.

  14. Function of Law: Establishes rights, duties, and privileges; allows citizens to predict legal outcomes and seek compensation for wrongful acts.

  15. Court System: Discussed in detail in Chapter 6, focusing on how the court system interacts with different sources of law.


  16. Case Law: Law developed from judicial opinions and decisions in individual cases.

  17. English Common Law: A system of law based on judicial decisions and precedents, emphasizing consistency in legal reasoning.

  18. Legal Precedent: A previous court decision that serves as a guide for deciding similar future cases.

  19. Doctrine of Stare Decisis: The principle that courts should follow precedents set by previous decisions. The term means "to stand by things decided."

  20. Binding Authority: A source of law that courts are required to follow, such as constitutions, statutes, and regulations within their jurisdiction.

  21. Persuasive Precedent: Legal precedents from other jurisdictions or secondary sources that courts may consider but are not obligated to follow.

  22. Departures from Precedent: Situations where a court overturns or deviates from established precedent due to reasons such as changes in societal values or technological advancements.

  23. Case of First Impression: A case that presents a legal issue with no existing precedent, often involving new technology or novel legal questions.

  24. Public Policy: Government policies based on widely held societal values that can influence judicial decisions.

  25. Remedies at Law: Traditional legal remedies, such as monetary compensation or property awards, provided by early English courts.

  26. Remedies in Equity: Remedies provided by courts of equity, which are more flexible and may include orders like injunctions or specific performance, addressing issues not covered by remedies at law.


  27. Role of Precedents: Precedents help ensure consistency and predictability in the legal system, guiding judges in similar future cases.

  28. Stare Decisis: Essential for efficiency and stability in the legal system, although courts can depart from it if justified.

  29. Departures from Precedent: High-profile cases, such as Brown v. Board of Education, illustrate the impact of overturning precedents on societal change.

  30. Cases of First Impression: Require courts to analyze legal principles, policies, and social values to make decisions when no prior precedent exists.

  31. Judicial Bias: Judges strive to be impartial, but personal attributes can influence decision-making.

  32. Remedies: Early courts could only award limited remedies at law, leading to the development of equity courts to address broader justice needs.