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business law
chapter one
| Question | Answer |
|---|---|
| Stare decisis | “Let the decision stand.” A basic principle of the common law, it means that precedent is usually binding. |
| Administrative law | Concerns all agencies, boards, commissions, and other entities created by a federal or state legislature and charged with investigating, regulating, and adjudicating a particular industry or issue. |
| Affirm | A decision by an appellate court to uphold the judgment of a lower court. |
| Amendment | Any addition to a legal document. The constitutional amendments, the first ten of which are known collectively as the Bill of Rights, secure numerous liberties and protections directly for the people. |
| Chancery, court of | In medieval England, the court originally operated by the Chancellor. |
| Civil law | The large body of law concerning the rights and duties between parties. It is distinguished from criminal law, which concerns behavior outlawed by a government. |
| Common law | Judge-made law, that is, the body of all decisions made by appellate courts over the years. |
| Constitution | The supreme law of a political entity. The United States Constitution is the highest law in the country. |
| Criminal law | Rules that permit a government to punish certain behavior by fine or imprisonment. |
| Defendant | The person being sued. |
| Equity | The broad powers of a court to fashion a remedy where justice demands it and no common law remedy exists. An injunction is an example of an equitable remedy. |
| Executive order | An order by a president or governor, having the full force of law. |
| Federalism | A form of national government in which power is shared between one central authority and numerous local authorities. |
| Founding Fathers | The authors of the United States Constitution, who participated in the Constitutional Convention in Philadelphia in |
| Injunction | A court order that a person either do or stop doing something. |
| Issue | All direct descendants such as children, grandchildren, and so on. |
| Jurisprudence | The study of the purposes and philosophies of the law, as opposed to particular provisions of the law. |
| Legal positivism | The legal philosophy holding that law is what the sovereign says it is, regardless of its moral content. |
| Legal realism | The legal philosophy holding that what really influences law is who makes and enforces it, not what is put in writing. |
| Natural law | The theory that an unjust law is no law at all, and that a rule is only legitimate if based on an immutable morality. |
| Plaintiff | The person who is suing. |
| Precedent | An earlier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case. |
| Procedural law | The rules establishing how the legal system itself is to operate in a particular kind of case. |
| Remand | The power of an appellate court to return a case to a lower court for additional action. |
| Statute | A law passed by a legislative body, such as Congress. |
| Substantive law | Rules that establish the rights of parties. For example, the prohibition against slander is substantive law, as opposed to procedural law. |
| Writ | An order from a government compelling someone to do a particular thing. |
Created by:
jmaris289
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