Law and Ethics UARK 8 week exam 1
primary sources of law - ANS-sources that establish the law
US constitution
statutory law
regulations created by administrative agencies (FDA)
case law
secondary sources of law - ANS-books and articles that summarize and clarify the
primary sources of law
statutory law - ANS-The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law), such as laws passed by congress, or
by state legislatures
also includes local ordinances
local ordinances - ANS-regulations passed by municipal or county governing units to
deal with matters not covered by federal or state law. Often have to deal with land uses
case law - ANS-principles announced in court decisions
common law - ANS-a body of general rules that applied throughout the entire English
realm
legal precedent - ANS-court decision that furnished an example or authority for deciding
subsequent cases involving identical or similar legal principles or facts
cases that overturn precedent get a lot of publicity
stare decisis - ANS-deciding new cases with reference to former decisions, or
precedents
two parts of stare decisis - ANS-1. a court should not overturn its own precedents
unless there is a strong reason to do so
2. decision made by a higher court are binding on lower courts
binding authority - ANS-any source of law that a court must follow when deciding a case
(constitution, statutes, and regulations)
,persuasive authorities - ANS-precedents from other jurisdictions because they aren't
binding in court
remedy - ANS-the means given to a party to enforce a right or to compensate for the
violation of a right
plaintiff - ANS-those bringing a lawsuit
courts often invoke equitable principles & maxims: - ANS-whoever seeks equity must do
equity
where there is equal equity, the law must prevail
one seeking the aid of an equity court must come to the court with clean hands
equity will not suffer a wrong to be without a remedy
equity regards substance rather than form
equity aids the vigilant, not those who rest on their rights
"equitable doctrine of laches"
statute of limitations - ANS-A federal or state statute setting the maximum time period
during which a certain action can be brought or certain rights enforced.
jurisprudence - ANS-(study of) law
civil law - ANS-rights and duties that exist between persons and between people and
their government (when rights are violated)
in civil law system, primary law is statutory code and case precedents are not judiciary
binding (stare decisis does not apply)
in common law precedent IS judiciary binding
criminal law - ANS-wrongs committed against society, these are made by local state or
federal government statutes and criminal defendants are prosecuted by public officials,
like a district attorney on behalf of the state, not by the victim
Separation of Powers - ANS-Constitutional division of powers among the legislative,
executive, and judicial branches, with the legislative branch making law, the executive
applying and enforcing the law, and the judiciary interpreting the law
commerce clause - ANS-constitution gives national government the power to regulate
interstate commerce
*has had the biggest impact on business*
, police powers - ANS-state regulatory powers due often referred to (enforcement of
criminal law and state government to regulate private activities)
supremacy clause - ANS-Constitution and laws and treaties of the U.S. are the supreme
law of the land
preemption - ANS-When Congress chooses to act exclusively in an area in which the
federal government and the states have concurrent powers
bill of rights - ANS-The first ten amendments to the Constitution
symbolic speech: gestures, movements, articles of clothing and other forms of
expressive conduct
establishment clause - ANS-prohibits government from establishing a state-sponsored
religion
Free Exercise Clause - ANS-A First Amendment provision that prohibits government
from interfering with the practice of religion.
due process clause - ANS-has procedural and substantive parts
any government decision to take life, liberty or property must be made fairly- focuses on
the content of the legislation rather than fairness
checks and balances - ANS-A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
Legislature/Congress - ANS-This is the branch of government that writes laws and the
budget.
Executive/President - ANS-Branch of government that enforces the laws
Judicial/Judiciary - ANS-having the power to interpret and apply laws
equal protection clause - ANS-The government must treat similarly situated individuals
(or businesses) in the same manner.
pretext - ANS-obtaining information by false means
long arm statute - ANS-A state statute that permits a state to exercise jurisdiction over
nonresident defendants.
primary sources of law - ANS-sources that establish the law
US constitution
statutory law
regulations created by administrative agencies (FDA)
case law
secondary sources of law - ANS-books and articles that summarize and clarify the
primary sources of law
statutory law - ANS-The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law), such as laws passed by congress, or
by state legislatures
also includes local ordinances
local ordinances - ANS-regulations passed by municipal or county governing units to
deal with matters not covered by federal or state law. Often have to deal with land uses
case law - ANS-principles announced in court decisions
common law - ANS-a body of general rules that applied throughout the entire English
realm
legal precedent - ANS-court decision that furnished an example or authority for deciding
subsequent cases involving identical or similar legal principles or facts
cases that overturn precedent get a lot of publicity
stare decisis - ANS-deciding new cases with reference to former decisions, or
precedents
two parts of stare decisis - ANS-1. a court should not overturn its own precedents
unless there is a strong reason to do so
2. decision made by a higher court are binding on lower courts
binding authority - ANS-any source of law that a court must follow when deciding a case
(constitution, statutes, and regulations)
,persuasive authorities - ANS-precedents from other jurisdictions because they aren't
binding in court
remedy - ANS-the means given to a party to enforce a right or to compensate for the
violation of a right
plaintiff - ANS-those bringing a lawsuit
courts often invoke equitable principles & maxims: - ANS-whoever seeks equity must do
equity
where there is equal equity, the law must prevail
one seeking the aid of an equity court must come to the court with clean hands
equity will not suffer a wrong to be without a remedy
equity regards substance rather than form
equity aids the vigilant, not those who rest on their rights
"equitable doctrine of laches"
statute of limitations - ANS-A federal or state statute setting the maximum time period
during which a certain action can be brought or certain rights enforced.
jurisprudence - ANS-(study of) law
civil law - ANS-rights and duties that exist between persons and between people and
their government (when rights are violated)
in civil law system, primary law is statutory code and case precedents are not judiciary
binding (stare decisis does not apply)
in common law precedent IS judiciary binding
criminal law - ANS-wrongs committed against society, these are made by local state or
federal government statutes and criminal defendants are prosecuted by public officials,
like a district attorney on behalf of the state, not by the victim
Separation of Powers - ANS-Constitutional division of powers among the legislative,
executive, and judicial branches, with the legislative branch making law, the executive
applying and enforcing the law, and the judiciary interpreting the law
commerce clause - ANS-constitution gives national government the power to regulate
interstate commerce
*has had the biggest impact on business*
, police powers - ANS-state regulatory powers due often referred to (enforcement of
criminal law and state government to regulate private activities)
supremacy clause - ANS-Constitution and laws and treaties of the U.S. are the supreme
law of the land
preemption - ANS-When Congress chooses to act exclusively in an area in which the
federal government and the states have concurrent powers
bill of rights - ANS-The first ten amendments to the Constitution
symbolic speech: gestures, movements, articles of clothing and other forms of
expressive conduct
establishment clause - ANS-prohibits government from establishing a state-sponsored
religion
Free Exercise Clause - ANS-A First Amendment provision that prohibits government
from interfering with the practice of religion.
due process clause - ANS-has procedural and substantive parts
any government decision to take life, liberty or property must be made fairly- focuses on
the content of the legislation rather than fairness
checks and balances - ANS-A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
Legislature/Congress - ANS-This is the branch of government that writes laws and the
budget.
Executive/President - ANS-Branch of government that enforces the laws
Judicial/Judiciary - ANS-having the power to interpret and apply laws
equal protection clause - ANS-The government must treat similarly situated individuals
(or businesses) in the same manner.
pretext - ANS-obtaining information by false means
long arm statute - ANS-A state statute that permits a state to exercise jurisdiction over
nonresident defendants.
