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History of U.S. Law Flashcards

History of U.S. Law Flashcards
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Statutory Law / Statutes
These laws are created through the legislative branch of the U.S. government, either at the state or national level.
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Common Law System
A law system that developed in England and was adopted by the U.S. This system of laws considers previous cases when making decisions.
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Sir William Blackstone's description of common law in England
This man said that the common law system based judiciary decisions upon ancient customs and maxims.
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Laws
Any rules that people believe should be enforced. These rules should be supported by a government. In the U.S. we try to ensure they represent what most people think is right.
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Case Law
This term refers to laws that are created by the judicial decisions of the court system. Many laws in the U.S. are established in this way.
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Commentaries on the Laws of England
Written by Sir William Blackstone, these four volumes gave an overview of English laws that the Founding Fathers used as a primary reference when setting up the U.S. law system.
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13 cards in set

Flashcard Content Overview

The flashcards in this set are designed to help you review the foundations of law in the United States of America. You can go over the impact of Sir William Blackstone's Commentaries on the Laws of England, the common law system and statutory laws. The principle of stare decisis and how it is applied in both state courts and the Supreme Courts will also be covered. Furthermore, you'll have the chance to review the areas and activities associated with business law.

Front
Back
Commentaries on the Laws of England
Written by Sir William Blackstone, these four volumes gave an overview of English laws that the Founding Fathers used as a primary reference when setting up the U.S. law system.
Case Law
This term refers to laws that are created by the judicial decisions of the court system. Many laws in the U.S. are established in this way.
Laws
Any rules that people believe should be enforced. These rules should be supported by a government. In the U.S. we try to ensure they represent what most people think is right.
Sir William Blackstone's description of common law in England
This man said that the common law system based judiciary decisions upon ancient customs and maxims.
Common Law System
A law system that developed in England and was adopted by the U.S. This system of laws considers previous cases when making decisions.
Statutory Law / Statutes
These laws are created through the legislative branch of the U.S. government, either at the state or national level.
Stare Decisis
When applied to the court system, this doctrine indicates that courts should consider previous precedents and issues when making their decisions.
Precedent
This term is used to refer to the legal principles created by past legal decisions or rulings.
State Courts and Stare Decisis
The principle of stare decisis applies to all courts in the U.S., including this judiciary level. Courts at this level are expected to follow precedent set by their past rulings.
Business Law Areas

Employment and contract law
Intellectual property law
Real estate and property law
Bankruptcy law

Activities governed by business law

Buying a business
Starting a business
Managing a business
Closing a business
Selling a business

The U.S. Supreme Court and Stare Decisis
This court is typically expected to follow stare decisis, but has chosen not to follow precedents in several large cases, such as Brown v. Board of Education.
Document containing these lines: '…. in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense …'
The U.S. Constitution

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