MIE 305 Exam 1 – Questions With Verified
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Terms in this set (152)
importance of law to business
overview of the US legal system
Chapter 1 Overview
4 sources of law in the US legal system
Case law in the common law system
(Black's Law Dictionary) The regime that orders
human activities and relations through systematic
application of the force of politically organized
society, or through social pressure backed by force
law
based on a foundation of constitutional principles,
legislation, court decisions, and administrative
regulations.
in commercial law, the rules devised by merchants in
law merchant Europe over several centuries to govern their trade;
many of these rules were formally adopted into law
Allows the court to determine the constitutionality
of laws
judicial review
Marbury v Madison
One of the most important constitutional principles
, One of the key reasons uniform state laws have
become more commonplace in modern American
law is that legislators churn out more statutory law,
there is by necessity more printed definition of—and
orgy of statute making
therefore less interpretive space for—the rules of
law, and many common law principles are modified
or even eviscerated by statutes which come along
to trump them.
Published by Llewellyn and Hoebel about the
Cheyenne Indians and their traditional ways.
Answers how a particular country or community
The Cheyenne Way
recognize something as law
Cheyenne use common law (precedent), use oral
tradition
A legal system based on custom and court rulings
emphasizes the resolution of ambiguities arising in
the application of law through the guidance of
precedent (stare decisis- like cases should be
decided alike)
Common Law
alt: a cultural system of settling disputes through
local customs, handles case-by-case, decision-
maker looks to previous/similar cases as guidelines
alt 2: the legal system created in England that
emphasizes judge-made decision based on
precedent
wrote Commentaries on the Laws of England
described English Common Law as "an ancient
Sir William Blackstone
collection of unwritten maxims and customs upon
which English judicial decisions were made"
(published ~American Rev)
, Yes
Can a precedent be Requires the court to determine that circumstances
overturned? or our legal understanding (or both) have changed
to a significant-enough extent to warrant a change
in the existing rule of law
Danger of overturning Too much change ruins the common law and legal
precedent too much/ for system is weakened because of unpredictability
the wrong reasons?
Henry II tries to standardize the law, judges begin to
Development of English
develop "common" rules for dealing with certain
Common Law
types of cases/situations
precedent
to stand by things decided / let the decision stand
stare decisis decisions should be guided by something
decisions apply to the same court or lower court of
the same jurisdiction (TX SC -> TX Appellate)
The reason for a decision (the binding part of a
decision).
Ratio decidendi
the part of judicial opinion or order that provides
the legal reasoning of the judge in coming to
conclusions of law
"Code Law"
Civil/Code Law
most popular legal system in the world, derived
mainly from written Roman codes
"The law of private disputes" - Dr. K
Civil Law
(as opposed to criminal law)
, differ in how they are initiated (who may bring
charges or file suit), how cases are decided (by a
judge or jury), what kinds of punishment or penalty
Criminal v. Civil Law
may be imposed, what standards of proof must be
met, and what legal protections may be available to
the defendant
Sharia (Shari'a') merges religious ethical
Islamic Law systems
expectations with public conduct
typically some form of civil/code or civil/traditional
Mixed law
structure
Customary law traditional mostly regional tribal traditions
Judicial decisions (case law)
Enactment of Law (legislative statutes)
American Common Law Local ordinances
Treaties
Admin Regulations
Section of the Constitution laying out powers and
responsibilities of the Judicial Branch
Article 3 of the
Created US Supreme Court
Constitution
settles disputes involving new law and rules on
constitutionality of laws, has final say
est. US Congress (HoR and Senate)
Article 1 Section 1
can make new laws which are codified in US code
(written down)
principle / instruction not, necessarily a rule that
Doctrine
can't be broken
government prosecution of an individual for
breaking the law
ex: OJ Simpson for stabbing his ex and her friend
Criminal Case
and found not guilty
verdicts= guilty or not guilty
Answers
Save
Terms in this set (152)
importance of law to business
overview of the US legal system
Chapter 1 Overview
4 sources of law in the US legal system
Case law in the common law system
(Black's Law Dictionary) The regime that orders
human activities and relations through systematic
application of the force of politically organized
society, or through social pressure backed by force
law
based on a foundation of constitutional principles,
legislation, court decisions, and administrative
regulations.
in commercial law, the rules devised by merchants in
law merchant Europe over several centuries to govern their trade;
many of these rules were formally adopted into law
Allows the court to determine the constitutionality
of laws
judicial review
Marbury v Madison
One of the most important constitutional principles
, One of the key reasons uniform state laws have
become more commonplace in modern American
law is that legislators churn out more statutory law,
there is by necessity more printed definition of—and
orgy of statute making
therefore less interpretive space for—the rules of
law, and many common law principles are modified
or even eviscerated by statutes which come along
to trump them.
Published by Llewellyn and Hoebel about the
Cheyenne Indians and their traditional ways.
Answers how a particular country or community
The Cheyenne Way
recognize something as law
Cheyenne use common law (precedent), use oral
tradition
A legal system based on custom and court rulings
emphasizes the resolution of ambiguities arising in
the application of law through the guidance of
precedent (stare decisis- like cases should be
decided alike)
Common Law
alt: a cultural system of settling disputes through
local customs, handles case-by-case, decision-
maker looks to previous/similar cases as guidelines
alt 2: the legal system created in England that
emphasizes judge-made decision based on
precedent
wrote Commentaries on the Laws of England
described English Common Law as "an ancient
Sir William Blackstone
collection of unwritten maxims and customs upon
which English judicial decisions were made"
(published ~American Rev)
, Yes
Can a precedent be Requires the court to determine that circumstances
overturned? or our legal understanding (or both) have changed
to a significant-enough extent to warrant a change
in the existing rule of law
Danger of overturning Too much change ruins the common law and legal
precedent too much/ for system is weakened because of unpredictability
the wrong reasons?
Henry II tries to standardize the law, judges begin to
Development of English
develop "common" rules for dealing with certain
Common Law
types of cases/situations
precedent
to stand by things decided / let the decision stand
stare decisis decisions should be guided by something
decisions apply to the same court or lower court of
the same jurisdiction (TX SC -> TX Appellate)
The reason for a decision (the binding part of a
decision).
Ratio decidendi
the part of judicial opinion or order that provides
the legal reasoning of the judge in coming to
conclusions of law
"Code Law"
Civil/Code Law
most popular legal system in the world, derived
mainly from written Roman codes
"The law of private disputes" - Dr. K
Civil Law
(as opposed to criminal law)
, differ in how they are initiated (who may bring
charges or file suit), how cases are decided (by a
judge or jury), what kinds of punishment or penalty
Criminal v. Civil Law
may be imposed, what standards of proof must be
met, and what legal protections may be available to
the defendant
Sharia (Shari'a') merges religious ethical
Islamic Law systems
expectations with public conduct
typically some form of civil/code or civil/traditional
Mixed law
structure
Customary law traditional mostly regional tribal traditions
Judicial decisions (case law)
Enactment of Law (legislative statutes)
American Common Law Local ordinances
Treaties
Admin Regulations
Section of the Constitution laying out powers and
responsibilities of the Judicial Branch
Article 3 of the
Created US Supreme Court
Constitution
settles disputes involving new law and rules on
constitutionality of laws, has final say
est. US Congress (HoR and Senate)
Article 1 Section 1
can make new laws which are codified in US code
(written down)
principle / instruction not, necessarily a rule that
Doctrine
can't be broken
government prosecution of an individual for
breaking the law
ex: OJ Simpson for stabbing his ex and her friend
Criminal Case
and found not guilty
verdicts= guilty or not guilty
