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Legal studies Quiz notes.docx

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Department
Legal Studies & Business Ethics
Course Code
LGST 101
Professor
All

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Legal studies Quiz notes
Society is always changing
Statutory Law- Laws passed by the legislature that govern social behavior
May be specific or vague
Interpretation of vague laws left to the courts
Statutory Interpretation- court interprets the laws & decides how they apply
Administrative Regulations- laws made by the executive branch
Legislature passes law that says executive branch has the power to make law
Law made by Administrative Agencies
Power must have limit on it
Creates “enabling Legislation”
Constitutional Law- law under the US Constitution
Courts interpret modernly to apply to society
Roe v Wade
Can be complex and very controversial
Often extremely vague
Common law- laws repeatedly having the same answer in court become “law”
Law of negligence- impose duty on all to refrain from causing injury through reckless
acts Contract law- governs the enforcement of contracts being binding
Precedents- opinions of judges on past similar cases
Stare Decisis- doctrine of precedents
Judges can go away from precedents if….
1. draw analogies to wildly different case
2. facts of current case differ from old case
3. determine old rule is outdated or unwise
a. will then overrule old one
Substance- what you are talking about, why you are having a trial
Writ of Certiorari- letter to Supreme Court saying this is what we’re appealing and why we
believe it is important to the country’s welfare as a whole
Statutory Interpretation- process of changing law by judiciary
1. Legislative Intent- what was the intent of the legislature
a. Not used by many because its not practical and change is very hard to come
by if at all.
2. Plain Meaning- go by what the common meaning for the term is
a. Meaning of adult
b. Still very little freedom to change and it is slow
3. Policy Decision- talks about solving problems
a. Most often used
b. Ability to redefine laws for modern situations
Appeals
1. must meet exhaustion requirement (Exhaustion of remedies)- must go through all
appeals within the agency before going outside of the agency
2. can appeal on 3 grounds
a. Illegal delegation of power
i. Congress gives power it does not originally have
ii. Must have limitation on power
b. Exceeding delegation of power- going beyond the limits given by congress
c. Denial of due process- we all have certain unalienable rights that cannot be
taken
Equity- recognizes that the answer at law is not adequate
Corrects the law where it cannot function
1. equity of redemption- when house repoed, you get the money left over from the sale
after your mortgage has been paid off in full
2. 2 types
a. Specific Performance- must do what you said you would do
b. Injunction- stop what you are doing
3. 3 maxims
a. delay defeat- must be sued within a few days
b. clean hands- cannot be part of the problem
c. wrongs will always get an answer
Jurisprudence- study of principles on which legal rules are based
1. Natural Law Theory
a. Universal natural law principles that override human laws
i. Natural laws > positive laws
1. Positive laws- human laws
b. John Locke
2. Legal Positivism
a. Law dictated only by the political authority
b. Distinguish between positive and natural law( how it should be)
c. John Austin
i. Law is what the elite say it is
3. Legal Realism
a. Law is what the judges and lawyers make it
b. Rejection of legal positivism

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Description
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