Key Concepts of Law and Sources

Questions and Answers

What is binding authority?

Any source of law that a court must follow when deciding a case (correct)

A source of law that is optional for courts

Legal opinions that provide guidance but lack binding power

A source of law that is only applicable to certain types of cases

What does liability refer to?

State of being legally responsible for something like a debt or obligation

Which of the following is NOT a type of primary source of law?

Statute

Legal realism (correct)

Constitution

Court decision

What are the four types of primary law sources?

Constitution, statute, administrative rule, court decision Signup and view all the answers

What is the U.S. Constitution considered as?

A primary law source Signup and view all the answers

What do statutes refer to?

Laws passed by Congress and state legislatures Signup and view all the answers

What are administrative rules?

Regulations created by administrative agencies Signup and view all the answers

Define case law.

Rules of law announced in court decisions Signup and view all the answers

What are secondary sources of law?

Books and articles that summarize and clarify primary law sources Signup and view all the answers

What is the meaning of precedent?

Court decision that furnished an example or authority for deciding subsequent cases Signup and view all the answers

What is stare decisis?

A principle that requires courts to follow previous decisions Signup and view all the answers

What does the term remedy refer to in legal terms?

Means given to a party to enforce a right or compensate for the violation of a right Signup and view all the answers

Who are plaintiffs?

Those bringing lawsuits Signup and view all the answers

Define defendant.

Those being sued or accused in a court of law Signup and view all the answers

What is a legal remedy?

Monetary damages Signup and view all the answers

What is an equitable remedy?

Deals with actions like injunction, specific performance, recission Signup and view all the answers

What does natural law refer to?

Oldest school of legal thought, based on moral and ethical principles inherent in human nature Signup and view all the answers

What is legal positivism?

School of legal thought centered on the assumption that no law is higher than national laws Signup and view all the answers

Define criminal law.

Branch of law that defines and punishes wrongful actions committed against the public Signup and view all the answers

What is international law?

Law that governs relations among nations Signup and view all the answers

What does cyberlaw encompass?

All laws governing transactions conducted via the internet Signup and view all the answers

Study Notes

Key Legal Concepts

Binding Authority: Legal sources that courts are compelled to follow when making decisions.
Liability: The condition of being legally accountable for actions such as debts or obligations.
Breaches: Occurs when a legal obligation is not fulfilled.

Sources of Law

Primary Source of Law: Official documents that establish law on specific issues, which include:
- Constitution
- Statutes
- Administrative Rules
- Court Decisions
Constitution: Supreme legal authority in the U.S. and states; outlines fundamental principles and rights.
Statutes: Laws created by Congress and state legislatures.
Administrative Rules: Regulations formulated by governmental agencies.

Legal Framework

Case Law: Legal principles derived from court decisions; interprets statutes and other legal sources.
Secondary Sources of Law: Works that explain and summarize primary sources, such as books and articles.
Constitutional Law: Laws based on the U.S. Constitution and state constitutions.
Statutory Law: Laws enacted by legislatures.

Legal Terminology

Citation: Reference to where legal information can be found, like statutes or court rulings.
Ordinances: Local laws established by city or county authorities.
Common Law: Legal system developed from customs and court decisions, not from legislated statutes.

Judicial Precedents

Precedent: A court ruling that serves as an example in future cases with similar legal issues.
Stare Decisis: Legal principle meaning "to stand on decided cases"; ensures consistency in law.

Legal Guidance

Persuasive Authorities: Legal sources that courts may consider but are not required to follow.
Remedy: Legal means to enforce a right or compensate for a violation, including:
- Legal Remedy: Monetary compensation for damages.
- Equitable Remedy: Non-monetary solutions like injunctions and specific performance.

Legal Philosophy

Jurisprudence: The study or philosophy of law.
Natural Law: Belief in a legal system based on universal moral principles inherent to human nature.
Legal Positivism: Theory that insists laws created by a government must be obeyed, irrespective of moral considerations.
Historical School: Focus on past legal principles to determine contemporary law.
Legal Realism: Views law as just one factor; emphasizes social and economic contexts in legal decision-making.

Branches of Law

Substantive Law: Defines legal rights and obligations.
Cyberlaw: Governs internet-related transactions.
Civil Law: Addresses private and public rights, distinct from criminal law.
Civil Law System: Legal framework based on codified codes rather than judicial precedents.
Criminal Law: Defines wrongful acts against the collective society and prescribes penalties.
National Law: Laws specific to a nation.
Sharia: Islamic law governing various aspects of life for Muslims.
International Law: Governs relations and actions among nations, encompassing both written and unwritten legal rules.

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Description

Test your knowledge on key legal concepts such as binding authority, liability, and breaches. Additionally, explore the various sources of law including the Constitution, statutes, and administrative rules. This quiz covers fundamental aspects of the legal framework essential for understanding law.