1 Foundations of Business Law and Legal Reasoning Free Online FlashCards

What are the major sources of U.S. law?

Constitutions, statutes, regulations, and judicial decisions are major sources of U.S. law; court rules and local ordinances also govern specific matters.

What does the Supremacy Clause establish?

The Supremacy Clause gives the U.S. Constitution, valid federal statutes, and treaties priority over conflicting state law, but federal law governs only within its constitutional and statutory authority.

How do federal and state court jurisdictions generally differ?

Federal courts have limited jurisdiction, commonly hearing cases involving federal law or qualifying disputes between citizens of different states. State courts hear most other disputes and generally have broader jurisdiction.

What is a precedent?

A precedent is a prior judicial decision used to resolve a later case involving a similar legal issue.

What is a court’s usual starting point when interpreting a statute?

Courts typically begin with the enacted words’ ordinary meaning in context, reading them alongside the rest of the statute and related laws. If uncertainty remains, they may use other interpretive tools.

What are the four parts of IRAC?

IRAC organizes legal analysis into Issue, Rule, Application, and Conclusion: identify the question, state the governing law, connect it to the facts, and give a reasoned answer.

How do regulations get their legal authority?

Regulations are rules issued by government agencies under authority delegated to them by statutes.

How does primary authority differ from secondary authority?

Primary authority includes constitutions, statutes, regulations, and court decisions. Secondary authority explains or analyzes law but generally does not itself bind a court.

What does jurisdiction mean for a court?

Jurisdiction is a court’s legal authority to hear a case. It includes authority over the type of dispute and, in many cases, the parties.

What does a trial court do?

Trial courts determine facts and apply the law to resolve a case.

What is the usual role of an appellate court?

Appellate courts review claimed legal or procedural errors. They ordinarily do not retry the case or receive new evidence.

What is the hierarchy of the main federal courts?

In the federal system, U.S. district courts are trial courts, courts of appeals review most district-court decisions, and the U.S. Supreme Court is the highest court.