Cases, 16th Edition by Kenneth W.
Clarkson | Full Chapters Included
law - answer-enforceable rules governing relationships among individuals and between
individuals and their society
breaches - answer-breaks, or fails to perform
primary sources of law - answer-1. u.s. constitutions
2. state constitutions
3. statutes passed by congress and states
4. regulations created by administrative agencies
5. case law
secondary sources of law - answer-books and articles that summarize and clarify the primary
sources of law
constitutional law - answer-constitution is basis of all law. all powers not give not federal
government are given to state governments
statutory law - answer-laws enacted by legislative bodies at any level including ordinances
ordinances - answer-statutes passed by municipal or county governments
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,uniform law - answer-model statutes all states consider
uniform commercial code - answer-very important uniform law accepted by all states that
regulates commerce among states
administrative law - answer-rules, orders, decisions of administrative agencies
case law - answer-the doctrines and principles announced in cases, governs everything not
covered by statutory law and administrative law
common law - answer-a body of general rules that applied throughout the entire english realm
precedent - answer-a court decision that furnished an example or authority for deciding
subsequent cases involving identical or similar legal principles or facts
stare decisis - answer-to stand on decided cases
1. decisions made in higher court are binding to lower ones
2. dont overturn own precedents
jurisdiction - answer-area in which courts can apply law
binding authority - answer-source of law court must follow when deciding a case
persuasive authorities - answer-look to other jurisdictions when there is no precedent
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, remedy - answer-means given to party to enforce a right or compensate for violation of right
equity - answer-branch of law that finds remedy when no adequate remedy at law is available
plaintiff - answer-those bringing lawsuits
defendant - answer-the person against whom a lawsuit is brought
substantive law - answer-all laws that define, describe, regulate, and create legal rights and
obligations
procedural law - answer-all laws that establish the methods of enforcing the rights established
by substantive law
federal/state/private law - answer-dealing with relationships between persons
public law - answer-addressing relationships between persons and their government
cyberlaw - answer-governs transactions conducted online
civil law - answer-rights and duties between person and between persons and their government
and relief when persons rights are violated
civil law system - answer-legal system based on a written code of laws
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