Chapter 1: The Nature of Law

contributory negligence

A traditional defense to negligence liability based on the plaintiff's failure to exercise reasonable care for this own safety.

plantiff

The party who sues in a civil case

rescission

a cancellation of a contract and a return of the parties to their precontractual position

appellee

a party against whom a favorable court decision is appealed. Also known as the respondent.

tort

a private (civil) wrong against a person or his property

Statutes

are laws created by elected representatives in Congress or a state legislature.

Uniform Acts

are model statutes drafted by private bodies of lawyers and scholars.

Bar

as a collective noun, those persons who are admitted to practice law, members of the bar. The court itself. A plea or defense asserted by a defendant that is sufficient to destroy a plaintiff's action.

Restatement

collections of common law rules covering various areas of the law. They are not law and do not bind courts.

equity

concerns itself with accomplishing "rough justice" when common law rules would produce unfair results

Price v. High Pointe Oil Company

concluded that a longstanding common law rule should remain in effect.

case law reasoning

courts engage when they make and apply common law rules

Advance Dental Care, Inc. v. SunTrust Bank

defining an overlap with statutes and common law. the court notes an important inconsistency between the statue and the common law rule.

Ordinances

enactments of counties and municipalities are called ordinance. resemble statutes and the techniques of statutory interpretation.

black-letter law

formally enacted, written law that is available in legal reporters or other documents

reformation

in which the court rewrites the contracts terms to reflect the parties' real intentions

Common Law (judge made law) or (case law)

is law made and applied by judges as they decide cases not governed by statutes or other types of law.

appellate jurisdiction

jurisdiction to revise or correct the work of a subordinate court

equity law

law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm

Executive orders

made by the president or states governor, who have limited power. usually enforce laws. Power normally results from a legislative delegation.

treaties

made by the president with foreign governments and approved by two-thirds of the U.S. Senate become "the supreme Law of the Land." Treaties invalidate inconsistent state and sometimes federal laws.

executive orders

orders from the government executive, such as the president, a governor or a mayor, that have the force of law

doctrines

principles or theories of law (eg. the doctrine of content neutrality)

Precedents

stare decisis or let the decision stand.

Separation of Powers

the U.S. constitution establishes the Congress and gives it power to make law in certain areas, provides for a chief executive (the president) whose function is to execute or enforce the laws, and helps create a federal judiciary to interpret the laws

Injunction

the most important equitable remedy. a court order forbidding a party to do some act or commanding him to perform some act.

administrative law

the orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties

appellant

the party making the appeal

constitutional law

the set of laws that establish the nature, functions and limits of government

common law

unwritten, judge made law consisting of rules and principles developed through custom and precedent.

specific performance

wherby a party is ordered to perform according to the terms of her contract

statutory law

written law formally enacted by city,county, state and federal legislative bodies.