Law & Legal Reasoning Chapter 1

Legal Reasoning

-In deciding what law applies to a given dispute and then applying that law to the facts or circumstances of the case, judges rely on the process of legal reasoning -The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.

The doctrine of LACHES

-arose to encourage people to bring lawsuits while the evidence was fresh. •What constitutes a reasonable time varies according to the circumstances of the case. -Time periods for different types of cases are now usually fixed by statutes of limitations.

The doctirne of decisis

1.Helps the courts to be more efficient Makes the law more stable and predictable

What are the 4 basic steps of legal reasoning 1.Issue—What are the key facts and issues? 2.Rule—What rule of law applies to the case? 3.Application—How does the rule of law apply to the particular facts and circumstances of this case? •Case on point - A previous case involving factual circumstances and issues that are similar to those in the case before the court. 4.Conclusion—What conclusion should be drawn?

1.Issue 2.Rule 3.Application ---> case on point 4. Conclusion (IRAC)

The 4 schools of jurisprudential thought:

1.Natural law school 2.Positivist school 3.Historical school 4.Legal realism •How judges apply the law to specific cases depends in part on their philosophical approaches to law. •Thus, ___________________ involves learning about different schools of legal thought and how the approaches to law characteristic of each school can affect judicial decision making.

Jurisdiction

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Stare decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

Administrative agency

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment. _________ and its procedures constitute a dominant element in the regulatory environment of business. •Regulations govern: •A business's capital structure and financing •A business's hiring and firing procedures •A business's relations with employees and unions •The way a business manufactures and markets its products

Statute of limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced After the time allowed under a statute of limitations has expired, no action (lawsuit) can be brought, no matter how strong the case was originally.

Ordinances

A law passed by a local governing unit, such as a city or a county. Ordinances commonly have to do with city or county land use (zoning ordinances), building and safety codes, and other matters affecting the local community

Damages

A monetary award sought as a remedy for a breach of contract or a tortious act.

Plantiff

A party that initiates a lawsuit.

Reporter

A publication in which court cases are published, or reported.

Legal Positivism- Positive law, or national law, is the written law of a given society at a particular time

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government

Binding authority

Controlling precedents are a type of ________ authority Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

Ethics

Generally is defined as the principles governing what constitutes right or wrong behavior Today, business decision makers need to consider not just whether a decision is legal, but also whether it is ethical *****The underlying reason for bringing some lawsuits is a breach of ethical duties.******

Courts of Law and Remedies at Law

If a person wronged another in some way, the early English king's courts could grant only 1 land, 2. items of value, 3. money as remedies.

Substantive law

Law that defines, describes, regulates, and creates legal rights and obligations.

Procedural Law

Law that establishes the methods of enforcing the rights established by substantive law

Constitutional law

Law that is based on the U.S. Constitution and the constitutions of the various states. •The Constitution is the supreme law of the land and is the basis of all law in the United States. •A law in violation of the Constitution, if challenged, will be declared unconstitutional and will not be enforced, no matter what its source. •Each state in the union has its own constitution. Unless it conflicts with the U.S. Constitution or a federal law, a state constitution is supreme within the state's borders

Defendant

One against whom a lawsuit is brought, or the accused person in a criminal proceeding.

Controlling Precedents

Precedents that must be followed within a jurisdiction are called.

Defense

Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking

Administrative Law

The body of law created by administrative agencies in order to carry out their duties and responsibilities

Common Law

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature •After the Norman Conquest of 10 66, the king's courts sought to establish a uniform set of customs for England as a whole. •What evolved in these courts was the beginning of the common law.

Statutory law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). •Includes: •Federal and state •A federal _______ is passed by Congress and applies to all states. •A state _________ is passed by a state legislature and applies only within the state's borders.

Stare Decisis and the Common Law Tradition

The practice of deciding new cases with reference to former decisions, or precedents, became a cornerstone of the English and American judicial systems and formed a doctrine known as stare decisis It has two concepts: 1.A court should not overturn its own precedents unless there is a compelling reason to do so. 2.Decisions made by a higher court are binding on lower courts

Remedy

The relief given to an innocent party to enforce a right or compensate for the violation of a right. •The courts that awarded this compensation became known as courts of law, and the three remedies were called remedies at law.

Case law

The rules of law announced in court decisions. ___________ it interprets: •Statutes •Regulations •Constitutional provisions •Other case law •governs all areas not covered by statutory law or administrative law and is part of our common law tradition. •Because of our colonial heritage, much of American law is based on the English legal system. •Judges in the United States still apply common law principles when deciding cases.

liability

The state of being legally responsible (liable) for something, such as a debt or obligation. Businesspersons must develop critical thinking and legal reasoning skills so that they can evaluate how various laws might apply to a given situation and determine the best course of action Various areas of the law may influence business decision making

Primary sources of law, or sources that establish the law, include the following:

These are... ____________________________ 1.The U.S. Constitution and the constitutions of the various states 2.Statutory law—including laws passed by Congress, state legislatures, or local governing bodies 3.Regulations created by administrative agencies, such as the Federal Trade Commission 4.Case law and common law doctrines

Breach

To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society

Statutory Conflicts

_____________ is the Tension may sometimes arise between federal, state, and local laws

Secondary sources of law are books and articles that summarize and clarify the primary sources of law.

_____________________ include ex: Legal encyclopedias and treatises

Remedy in equity

a______________ allowed by courts in situations where ___________ at law are not appropriate. ______________ in equity include injunction, specific performance, rescission and restitution, and reformation. As a general rule, today's courts will not grant equitable ___________ unless the remedy at law—monetary damages—is inadequate

Public Law

addresses the relationship between persons and their governments

Private law

deals with relationships between private entities

Injunction

is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. •As a general rule, today's courts will not grant equitable remedies unless the remedy at law—monetary damages—is inadequate. •Remedies in equity include injunction, specific performance, rescission and restitution, and reformation.

Recission

is the cancellation of a contractual obligation.

Specific Performance

performance involves ordering a party to perform an agreement as promised

Jurisprudence

the science or philosophy of law

Historical School

•- A school of legal thought that looks to the past to determine what the principles of contemporary law should be. •The ____________________________ emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system. •The legal doctrines that have withstood the passage of time—those that have worked in the past—are deemed best suited for shaping present laws. •Hence, law derives its legitimacy and authority from adhering to the standards that historical development has shown to be workable. •Followers of the historical school are more likely than those of other schools to strictly follow decisions made in past cases.

Civil Law

•- The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. •____________________ spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person's rights are violated. •Typically, in a ________________ case, a private party sues another private party who has failed to comply with a duty.F

Legal Realism

•A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account. •____________________ believe that the law can never be applied with total uniformity. •Because judges have different personalities, value systems, and intellects, different judges will bring different reasoning processes to the same case. •________________________ strongly influenced the growth of what is sometimes called the sociological school.

Sociological school

•A school of legal thought that views the law as a tool for promoting justice in society. Jurists who adhere to this philosophy of law are more likely to depart from past decisions than are jurists who adhere to other schools of legal thought

The Common Law Today

•Common law doctrines and principles govern only areas not covered by statutory or administrative law. **Courts Interpret Statutes •A judge's function is not to make the laws but to interpret and apply them. •Because judges have some flexibility in interpreting and applying the law, different courts often arrive at different conclusions in cases that involve nearly identical issues, facts, and applicable laws. Restatements of the Law Clarify and Illustrate the Common Law Restatements of the Law Clarify and ullustrate the Common Law •The American Law Institute (A L I) has published compilations of the common law called Restatements of the Law, which generally summarize the common law rules followed by most states. •The Restatements are an important source of legal analysis and opinion, and judges often rely on them in making decisions.

There Is No One "Right" Answer

•Many people believe that there is no one "right" answer to every legal question. •Thus, the outcome of a particular lawsuit before a court cannot be predicted with certainty. •Good arguments can usually be made to support either side of a legal controversy. •Each judge has her or his own personal beliefs and philosophy which, at least to some extent, shape the legal reasoning process.

Persuasive Authority

•Occasionally, courts must decide cases for which no precedents exist, called cases of first impression. In deciding cases of first impression, courts often look at persuasive authorities. -Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

**Sources of persuasive authority include**

•Precedents from other jurisdictions •Legal principles and policies underlying previous court decisions or existing statutes •Issues of fairness, social values and customs, and public policy (governmental policy based on widely held societal values) •Unpublished opinions (those not intended for publication in a printed legal reporter)

Criminal Law

•The branch of law that defines and punishes wrongful actions committed against the public. •________________ acts are defined and prohibited by local, state, or federal government statutes. _____________ defendants are thus prosecuted by public officials, such as a district attorney (D.A.), on behalf of the state, not by their victims or other private parties

1.Courts of law 2.Remedies at law

•The courts that awarded this compensation became known as 1._______________ and the three remedies were called 2.____________________

Legal and Equitable Remedies Today

•The establishment of courts of equity in medieval England resulted in two distinct court systems: 1.Courts of law 2.Courts of equity •The courts had different sets of judges and granted different types of remedies. •During the nineteenth century, most states in the United States adopted rules of procedure that resulted in the combining of courts of law and equity. •A party now may request both legal and equitable remedies in the same action, and the trial court judge may grant either or both forms of relief. However, certain vestiges of the procedures used when there were separate courts of law and equity still exist

Classifications of Law

•The law may be broken down according to several classification systems. •*****Substantive law****** and procedural law •Substantive law - Law that defines, describes, regulates, and creates legal rights and obligations. •***********Procedural law - *********Law that establishes the methods of enforcing the rights established by substantive law. •Federal law and state law •Private law and public law •********Private law deals with relationships between private entities. •********Public law addresses the relationship between persons and their governments. •National law and international law •Criminal law and civil law

Natural Law

•The oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature. •According to the ___________________ theory: •A higher, or universal, law applies to all human beings. •If each written law does not reflect the principles inherent in ______________ ________, then it loses its legitimacy and need not be obeyed. •The notion that people have "natural rights" stems from the __________________ tradition.

Court of equity

•When individuals could not obtain an adequate remedy in a court of law, they petitioned the king for relief. •Most of these petitions were decided by an adviser to the king, called a chancellor, who had the power to grant new and unique remedies. •Eventually, formal chancellor courts, or courts of equity, were established. *•________________________- A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.* Equity is a branch of law—founded on notions of justice and fair dealing—that seeks to supply a remedy when no adequate remedy at law is available

Case Precedents and Case Reporters

•When possible, judges attempted to be consistent and to base their decisions on the principles suggested by earlier cases, and they considered new cases with care because they knew their decision would make new law. •Each interpretation became part of the law on the subject and thus served as a legal precedent. •In the early years of common law, there was no single place or publication where court opinions, or written decisions, could be found. •Today, cases are published, or "reported," in volumes called reporters and are also posted online.