Download DEFINITIONS Law – consists of enforceable governing relationships

DEFINITIONS
Law – consists of enforceable governing relationships among individuals and between individuals and their society. /// Natural law – denotes a system of moral and ethical
principles that are inherent inhuman nature and that people can discover through the use of their natural intelligence or reason /// Positive Law – Or national law (the
written law of a given society at a particular point in time) applies only to the citizen of that nation or society. /// Constitutional Law – is the law expressed in the
constitution /// Remedies - the legal means to enforce a right or redress a wrong /// Statutory Law – Laws enacted by legislative bodies at any level of government, such as
the statutes passed by congress or by state legislatures, make up the body of law /// Ordinances – statutes (laws, rules, or orders) passed by municipal or county governing
units to govern matters not covered by federal or state law. /// Administrative Law – consist of rules, orders, and decisions of administrative agencies. /// Damages – money
given to a party whose legal interest have been injured /// Case Law (Common law) – The interpretation of constitutional provisions, statutes enacted by legislatures, and
regulations created by administrative agencies. /// Legal Precedent – a decision that furnished an example or authority for deciding subsequent cases involving similar legal
principles or facts /// Binding Authority – a case precedent or statute that must be followed /// Substantive law – consists of all laws that define, describe, regulate, and
create legal rights and obligations /// Procedural law – consists of all laws that delineate the methods of enforcing the rights established by substantive law. /// Civil Law –
spells out the rights and duties that exist between persons and persons and their governments, and relief available when a person’s rights are violated /// Criminal law – in
contrast is concerned with wrongs committed against the public as a whole. Criminal acts are defined by local, state, and federal government statutes /// Privileges and
immunities clause – When the citizen of one state engages in the basic and essential activities in another (foreign) state, the state must have a substantial reason for
treating the non-resident differently from its own residents. /// Full faith and credit clause – applies only to civil matters. Ensures that rights established under deeds, wills,
contracts, and the like in one state will be honored by other states. /// Checks and balances – No one branch of government can accumulate too much power. ///
Commerce Clause – Article I Section 8 of the US Constitution expressly permits Congress to regulate commerce with foreign nations, and among the several states, and with
Indian tribes. This clause has had greater impact on business that any other provision in the constitution. /// Supremacy Clause – provides that the Constitution, laws, and
treaties of the United States are “the supreme law of the land”. When there is direct conflict between state and federal law, the state law is rendered invalid. ///
Preemption – occurs when congress chooses to act exclusively in an area in which the federal government and the states have concurrent power. /// Bill of rights – was
adopted in 1791 and embodies a series of protection for individuals against various types of interference by federal government. /// Symbolic Speech – gestures,
movements, articles of clothing, and other forms of expressive conduct is also given substantial protection by the courts. /// Corporate Political speech – Political speech by
corporations also falls within the protection of the first amendment. /// Commercial Speech – The courts also give substantial protection to commercial speech, which
consist of communications, primarily advertising and marketing, made by business firms that only involve their commercial interest. /// Unprotected speech – The US
Supreme Court made it clear that certain types of speech will not be protected under the first amendment. Ex. Speech that harms good reputation, violates criminal law
(threats or porn), fighting word (likely to induce a violent reaction), and obscene speech /// Establishment Clause – Prohibits government from establishing a state
sponsored religion, as well as from passing laws that promote religion or that shows a preference for one religion over another. /// Free exercise clause – Guarantees that
no person can be compelled to do something that is contrary to his or her religious beliefs. /// Search Warrants and Probably cause – Law enforcement officers must
convince a judge that they have reasonable grounds or probable cause, to believe that a search will reveal a specific illegality. /// Probable cause – Officer must have
trustworthy evidences that will convince a reasonable person that proposed search or seizure is more likely justified than not. /// Self incrimination – 5th amendments says
that in any federal proceeding an accused person cannot be compelled to give testimony that might subject him to any criminal prosecution /// Procedural Due process –
requires that any government decision to take life liberty or property must be made equitably. Rather, fair procedures must be used in the determining whether a person
will be subjected to punishment or have some burden imposed on him. /// Substantive due process – focuses on content, or substance, of legislation, and generally requires
that the government have an appropriate justification or goal in enhancing the law and that the laws, as applied, sufficiently furthers that goal. /// Equal Protection – 14th
amendment says that a state may not deny to any person within its jurisdiction the equal protection of the laws. /// Strict Scrutiny – if a law or action prohibits or inhibits
some persons from exercising a fundamental right, the law or action will be subject to strict scrutiny /// Intermediate Scrutiny – is applied in cases involving discrimination
based on gender or legitimacy. /// Tort Laws – provide remedies for the invasion of various protected interests. Tort laws provide remedies for acts that cause physical
injury or that interfere with physical security and freedom of movement. /// Intentional Tort – Requires intent, the tortfeasor (person committing the tort) must intent to
commit an act in which the consequences interfere with the personal or business interest of another that break the law. /// Assault – any intentional, unexcused act that
creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact. /// Battery – unexcused and harmful or offensive physical contact
that is intentionally performed. /// Consent – When a person consents to the act that damages him there is generally no liability for the damage done. /// Self-defense – an
individual that is defending his life or physical well being can claim self-defense. In a situation of either real or apparent danger, a person may normally use whatever force is
reasonably necessary to prevent harmful contact. /// Criminal law- If violated you can loss your liberties. /// Civil Law- Everything else (Contracts, Property, Family)
NOTES
Islamic Law - Highest source of legal system is the KORAN, All aspects must conform, Depth of Islamic laws varies in different countries
Socialist Law (Communist) - Difficult to own real property, Difficult to own personal property above necessity, Little Privacy
Customary Law - Found in small islands, Law is not always written down, Trade industry follow the body of laws that to the country they are trading with
U.S. Constitution - Highest source of law in the country, All federal law is superior to state law, Civil rights, Structure of Government ( + Federal system of government +
Republican form of government + Separation of power (3 equal branches) + Checks and Balances)
Federal Statutes and Treaties - Statutes (+ ACTS (Boston tea act)) Treaties (+ President sign and congress approve + House plays no rules in treaties or appointing judges)
Federal Administrative law
- Government controlled organizations (OSHA, FCC, EPA, etc.), These guys fine tune existing statutes
Uniform Law - Must harmonize laws across states, Created by lawyers and academics but must be adopted by state case laws
CASES
Gibbons vs. Ogden (1824) - Gibbons – Federal license to operate steam boats in all US waters, Ogden – State monopoly on New York waters [Congress]
Wickard vs. Filburn (1942) - Wickard – Can only grow crop on 90% of his land, Filburn – Fine Wickard for growing crop on his 91st percentile of his land [Congress]
Heart of Atlanta Motel vs. U.S. (1964) - 1964 civil rights act prohibits discrimination in public accommodation [Congress]
Katzenbach vs. McClung (1964) - Restaurant wouldn’t let blacks eat inside, had to go to side window [Congress]
Perez vs. U.S. (1971) - Federal anti-loan shark laws, Perez – Loans only to Brooklyn [Congress]
U.S. vs. Lopez (1995) - Gun free School zone act, Not enough interstate effect [People]
Printz vs. U.S. (1997) - Brandy handgun bill required local government to do background checks [People]
Granholm vs. Heald (2005) - State imposed limits on wine going from one state to another [Congress]
Gonzales vs. Raich (2005) - Federal drug control act (No permitted use for marijuana) [Congress]