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.