Ch1Notes - Chapter 1 Notes Important Functions of Law - To...

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Chapter 1 Notes Important Functions of Law - To provide stability, predictibility and continuity so that people can be sure of how to conduct their affairs. All definitions of law are based on a general observation: at minimum, law consists of enforceable rules governing relationships among individuals and between individuals and their society. Schools of jurisprudential thought - natural, positivist, historical, legal realism laws in the business world affect all activities, and knowledge of the law is not enough. Ethics is required as well. 6. Sources of the American legal system Primary sources - the US Constitution and state constituions, statutory law, regulations - Administrative law by federal (including executive and independent regulatory), state and local agencies and case law secondary sources - books and articles that clarify primary sources; such as legal encyclopedias, treatises, articles in law reviews and compilations of law The NCCUSL (National Conference of Commissioners on Uniform State Laws) was formed in 1892 and draft uniform law for the states to consider. remedy at law - land, items of value, or money. This is usually monetary and is also called damages . remedy at equity - 3 types specific performance - order for a party to perform an agreement as promised injunction - order for a party to cease engaging in a specific activity or to undo a wrong rescission - cancellation of a contractual obligation equitable maxims - general statements of equitable rules, ie , "Equity aids the vigilant, not those who rest on their rights." This particular maxim is also known as the equitable doctrine of laches (negligence). Legal Reasoning Steps IRAC (Issue, Rule, Application and Conclusion) What are the key facts and issues? What rules of law apply to the case? How do the rules of law apply to the particular facts and circumstances of this case? What conclusion should be drawn? Forms of legal reasoning deductive reasoning, or syllogistic reasoning because it employs syllogism linear reasoning reasoning by analogy Civil Law - the rights and duties existing between people and between people and their government, as well as relief available. Typically in civil cases, one private party sues another, including contract and tort law. Criminal law
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Ch1Notes - Chapter 1 Notes Important Functions of Law - To...

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