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MIE 305 Exam #1 Chapter 1
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Side A ------ Side B law ------ a body of enforceable rules governing relationships among individuals and between individuals and their societyThey est. rights, duties, and privileges that are consistent with the values and beliefs of their society jurisprudence ------ learning about different schools of legal thought and discovering how each school's approach to law can affect judicial decision making The Natural Law Tradition ------ Traditional laws, you don't have to look them up in a rule book, oldest and more significant school of thought, *a universal law applicable to all human beings Positive Law ------ Only applies to the citizens of that nation or society Legal Positivism ------ School of legal thought centered on the assumption that there is no law higher than the laws created by the government. Laws must be obeyed to prevent anarchy Historical School ------ emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system. It looks to the past to discover what the principles of contemporary low should be. Strictly follows decisions made in past cases Legal Realism ------ 1920-1930s. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. The law can never be applied with total uniformity; different judges will bring different opinions Sociological School of jurisprudence ------ this school views law as a tool for promoting justice in society. Business Activities and Ethics ------ -The law impacts every-day business transactions (hiring/firing decisions, workplace safety, business financing)-Many different laws may affect a single business transaction-Ethics, the study of what constitutes right or wrong behavior, business decision makers need to consider not only what is legal but what is ethical Sources of american Law ------ 1. constitutional Law2. Statutory Law3. administrative law4. case law and common law doctrines Secondary sources of law ------ books and articles that summarize and clarify the primary sources of law Constitutional Law ------ The body of law derived form the US Constitution and the constitutions of various states-highest controlling source of the law-State constitutions are supreme within state borders to the extent that they do not violate the US constitution or a federal law Statutory Law ------ Statutes enacted by legislative bodies at any level of government SP- STATUTE-NONE of these laws can violate the us or state constitutions-State statutes are enacted by state legislatures-Uniform Laws, when adopted by a state legislature, become statutory law in that state. ex. clearing checks takes diferent amount of time, with uniform laws, states adopt a lot of the same rules so variation between states decrease NCCUSL- National Conference of Commissioners on Uniform State Laws ------ created in 1892 to deal with the differences among state laws when conflicting state statues frequently created difficulties for the rapidly developing trade and commerce among these states Administrative Law ------ rules, orders, and decisions of administrative agencies. Administrative Agencies**HINT- 3 functions ------ federal, state, or local government agency established to perform a specific function. FUNCTIONS INCLUDE:1. Rule making2. Investigation and enforcement3. Adjudication- final judgement in a trial Executive Agency ------ an administrative agency within the executive branch of government. ex. Food and Drug Administration is within the Department of Health and Human Services-subject to the authority of the president Independent Regulatory agencies ------ Federal Trade CommissionSECFederal Communications Commission American Law is based on the ------ English Legal Systemoriginated with the creation os the king's courts- curia regis Common Law ------ The body of law derived from judicial decisions or custom in English and US courts, not attributable to a legislature Case Law ------ the doctrines and principles of law announced in casescase law governs all areas not covered by statutory law or administrative law and is part of our common law tradition precedent ------ a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts stare decisis ------ "to stand on decided cases"Cornerstone of COMMON LAW taditiona court case in one state isnt bound by a court case in a different state Binding authority ------ any source of law that a court must follow when deciding a case Brown v. Board of education of topeka ------ the US supreme court expressly overturned precedent when it concluded that separate educational facilities for whites and blacks were inherently unequal Persuasive Authorities ------ a legal authority or source of law that a court may look to for guidance but on which it is not bound to for a decision.Used in "cases of first impression" Remedies at law**HINT ------ What it is you are asking the court to do for you, what are you seeking?-seeks to restore person to condition they would have been in had there not been a violation -"The next best thing"-Ex. money, property, land Remedies in equity ------ -remedies that are granted when the remedies at law are unavailable or inadequate EQUITABLE remedy**HINT ------ -justice and fair play is required-only issued when a remedy at law is inadequate-ex. new I40 loop-can sue for a specific performance (signed contract)-**A jury cannot determine equitable remedies ONLY judges Two Courts dealing with remedies**Hint ------ 1. Court of Law- remedies were "remedies at law" - compensation was awarded as compensation either money or property, including land2. Court of equity-remedies were called "remedies in equity" - decree for specific performance, an order to perform what was promised Court of equity could issue a... ------ 1. injunction- directing a party to do or refrain from doing a particular act2. recission-(cancellation) of the contract so that the parties would be returned to the positions that they held prior to the contract's formation Equitable principles and Maxims ------ general propositions or principles of law that have to do with fairness/equity Substantive Law ------ Rights, entitlements, obligationsex. first amendment(all laws that define, regulate, and create legal rights) Procedural Law ------ Explains process, procedures to avail themselves from protections-"you have the right to remain silent" Cyberlaw ------ the emerging body of law that governs transactions conducted via the internet civil law ------ non criminal actions- spells out the rights and duties that exist between persons and between persons and their government-the relief available then a person's rights are violated-ex. private party sues another private party Criminal Law ------ -deals with commission/prosecution of law-you can find statute that defines criminal law-has to do with wrongs committed against society for which society demands redress-prosecuted and punished Federal Law ------ Law of us congress National Law ------ law that pertains to a particular nation-can be enforced by government authorities where international cannot-either common or civil law-US=common law, values prior similar court hearings**Civil Law is still prevelant in Louisiana because the louisiana purchase we bought it from france International Law ------ the law that governs relations among nationa.intenational customs and treaties are important sources of international law Pubic Law ------ Interaction of the public and the government Private Law ------ Private individuals 15 USC 200 (1999) ------ 15 USC 200 (1999)Volume Pg Date law was passed Federal Statues are found in ....*HINT ------ the United States Code, USC Federal regulations are compiled in the...*HINT ------ Code of federal regulations Trial court in the federal system ------ -judge-US district court Court of appeals ------ -justice-circuit court of appeals US supreme court ------ "justice" Plaintiff ------ filed the lawsuit Defendent ------ Party who lawsuit is brought up against appellant ------ appeals the case to another court or jurisdiction Appelles ------ party of which appeal is taken Decision ------ action taken Unanimous opinion ------ entire court agrees concurring opinion ------ judge or justice agrees (concurs) but for different reason dissenting opinion ------ written by judge/justice who does not agree with the majority
Side A ------ Side B law ------ a body of enforceable rules governing relationships among individuals and between individuals and their societyThey est. rights, duties, and privileges that are consistent with the values and beliefs of their society jurisprudence ------ learning about different schools of legal thought and discovering how each school's approach to law can affect judicial decision making The Natural Law Tradition ------ Traditional laws, you don't have to look them up in a rule book, oldest and more significant school of thought, *a universal law applicable to all human beings Positive Law ------ Only applies to the citizens of that nation or society Legal Positivism ------ School of legal thought centered on the assumption that there is no law higher than the laws created by the government. Laws must be obeyed to prevent anarchy Historical School ------ emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system. It looks to the past to discover what the principles of contemporary low should be. Strictly follows decisions made in past cases Legal Realism ------ 1920-1930s. Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. The law can never be applied with total uniformity; different judges will bring different opinions Sociological School of jurisprudence ------ this school views law as a tool for promoting justice in society. Business Activities and Ethics ------ -The law impacts every-day business transactions (hiring/firing decisions, workplace safety, business financing)-Many different laws may affect a single business transaction-Ethics, the study of what constitutes right or wrong behavior, business decision makers need to consider not only what is legal but what is ethical Sources of american Law ------ 1. constitutional Law2. Statutory Law3. administrative law4. case law and common law doctrines Secondary sources of law ------ books and articles that summarize and clarify the primary sources of law Constitutional Law ------ The body of law derived form the US Constitution and the constitutions of various states-highest controlling source of the law-State constitutions are supreme within state borders to the extent that they do not violate the US constitution or a federal law Statutory Law ------ Statutes enacted by legislative bodies at any level of government SP- STATUTE-NONE of these laws can violate the us or state constitutions-State statutes are enacted by state legislatures-Uniform Laws, when adopted by a state legislature, become statutory law in that state. ex. clearing checks takes diferent amount of time, with uniform laws, states adopt a lot of the same rules so variation between states decrease NCCUSL- National Conference of Commissioners on Uniform State Laws ------ created in 1892 to deal with the differences among state laws when conflicting state statues frequently created difficulties for the rapidly developing trade and commerce among these states Administrative Law ------ rules, orders, and decisions of administrative agencies. Administrative Agencies**HINT- 3 functions ------ federal, state, or local government agency established to perform a specific function. FUNCTIONS INCLUDE:1. Rule making2. Investigation and enforcement3. Adjudication- final judgement in a trial Executive Agency ------ an administrative agency within the executive branch of government. ex. Food and Drug Administration is within the Department of Health and Human Services-subject to the authority of the president Independent Regulatory agencies ------ Federal Trade CommissionSECFederal Communications Commission American Law is based on the ------ English Legal Systemoriginated with the creation os the king's courts- curia regis Common Law ------ The body of law derived from judicial decisions or custom in English and US courts, not attributable to a legislature Case Law ------ the doctrines and principles of law announced in casescase law governs all areas not covered by statutory law or administrative law and is part of our common law tradition precedent ------ a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts stare decisis ------ "to stand on decided cases"Cornerstone of COMMON LAW taditiona court case in one state isnt bound by a court case in a different state Binding authority ------ any source of law that a court must follow when deciding a case Brown v. Board of education of topeka ------ the US supreme court expressly overturned precedent when it concluded that separate educational facilities for whites and blacks were inherently unequal Persuasive Authorities ------ a legal authority or source of law that a court may look to for guidance but on which it is not bound to for a decision.Used in "cases of first impression" Remedies at law**HINT ------ What it is you are asking the court to do for you, what are you seeking?-seeks to restore person to condition they would have been in had there not been a violation -"The next best thing"-Ex. money, property, land Remedies in equity ------ -remedies that are granted when the remedies at law are unavailable or inadequate EQUITABLE remedy**HINT ------ -justice and fair play is required-only issued when a remedy at law is inadequate-ex. new I40 loop-can sue for a specific performance (signed contract)-**A jury cannot determine equitable remedies ONLY judges Two Courts dealing with remedies**Hint ------ 1. Court of Law- remedies were "remedies at law" - compensation was awarded as compensation either money or property, including land2. Court of equity-remedies were called "remedies in equity" - decree for specific performance, an order to perform what was promised Court of equity could issue a... ------ 1. injunction- directing a party to do or refrain from doing a particular act2. recission-(cancellation) of the contract so that the parties would be returned to the positions that they held prior to the contract's formation Equitable principles and Maxims ------ general propositions or principles of law that have to do with fairness/equity Substantive Law ------ Rights, entitlements, obligationsex. first amendment(all laws that define, regulate, and create legal rights) Procedural Law ------ Explains process, procedures to avail themselves from protections-"you have the right to remain silent" Cyberlaw ------ the emerging body of law that governs transactions conducted via the internet civil law ------ non criminal actions- spells out the rights and duties that exist between persons and between persons and their government-the relief available then a person's rights are violated-ex. private party sues another private party Criminal Law ------ -deals with commission/prosecution of law-you can find statute that defines criminal law-has to do with wrongs committed against society for which society demands redress-prosecuted and punished Federal Law ------ Law of us congress National Law ------ law that pertains to a particular nation-can be enforced by government authorities where international cannot-either common or civil law-US=common law, values prior similar court hearings**Civil Law is still prevelant in Louisiana because the louisiana purchase we bought it from france International Law ------ the law that governs relations among nationa.intenational customs and treaties are important sources of international law Pubic Law ------ Interaction of the public and the government Private Law ------ Private individuals 15 USC 200 (1999) ------ 15 USC 200 (1999)Volume Pg Date law was passed Federal Statues are found in ....*HINT ------ the United States Code, USC Federal regulations are compiled in the...*HINT ------ Code of federal regulations Trial court in the federal system ------ -judge-US district court Court of appeals ------ -justice-circuit court of appeals US supreme court ------ "justice" Plaintiff ------ filed the lawsuit Defendent ------ Party who lawsuit is brought up against appellant ------ appeals the case to another court or jurisdiction Appelles ------ party of which appeal is taken Decision ------ action taken Unanimous opinion ------ entire court agrees concurring opinion ------ judge or justice agrees (concurs) but for different reason dissenting opinion ------ written by judge/justice who does not agree with the majority
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