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Stack #11813
Business law Stack #11813
| Vocabulary Chap 1-5 | Defined1-5 by Ashcroft 15th Ed |
|---|---|
| law | Gov rule prescribing conduct & carrying a penalty for violation |
| Damages | A sum of money a wrongdoer must pay to an injured party |
| Business Law | Rules of conduct for the performance of business transactions |
| Common Law | English custom recognized by courts as binding |
| equity | Justice system based on fairness; provides relief other than merely money damages |
| restraining order | Court's temp order forbidding an action |
| injuction | Court's permanent order forbidding an action |
| precedent | Court decision that determines the decision in a subsequent, similar case |
| Stare Decisis | Principle that a court decision controls the decision of a similar future case |
| constitution | Document that contains fundamental principles of a gov. |
| Bill of Rights | First 10 amendments to U.S. Constitution |
| statute | Law enacted by legislative bodies |
| ordinance | Law enacted by cities |
| administrative agency | Govt'l board or commision with authority to regulate matters or implement laws |
| civil law | Law dealing enforcment or protection of private rights |
| criminal law | Law dealing w/ offenses against society |
| crime | Offense against society |
| prosecutor/ district attny | Gov employee who brings criminal actions |
| felony | A more serious crime |
| misdemeanor | A less serious crime |
| wobbler | An offense that can be either a felony or a misdemeanor |
| violation/ infraction | Offense less serious than misdemeanor |
| tort | Private wrong for which damages may be recovered |
| negligence | failure to exercise reasonable care |
| ethics | Principles that determine the morality of conduct, its motives, and its duties |
| venue | Location where a case is to be tried |
| jurisdiction | Authority of a court to hear a case |
| trial court | court that conducts original trial of a case |
| appellate court | court that reivews decision of another court |
| special federal court | Federal trial court w/ limited jurisdiction |
| federal district court | Trial court of federal court system |
| diversity jurisdiciton | Federal jurisdiction based on parties being from different states |
| federal court of appeals | court that hears appeal in federal court system |
| Supreme Court of the United States | the highes court in the United States |
| Writ of Certiorari | Order to produce record of a case |
| inferior court | Trial court that hears only cases involving minor offenses and disputes |
| court of original general jurisdiction | Court of record in which case is first tried |
| court of record | court in which an official record of the proceedings is kept |
| state court of appeals | Intermediate appellate court |
| state supreme court | Highest court in most states |
| probate court | court that handles estates |
| juvenile court | Court that handles delinquent, dependent, and neglected children |
| domestic relations court | Court that handles divorce and related cases |
| Judge, Justice of the Peace, Magistrate, or trial justice | Chief officer of the court |
| Sheriff | Court of record executive officer |
| marshal | Executive officer of federal court |
| lawyer/ attorney | Person licensed to represent other in court |
| Procedural law | Law specifying how actions are filed and what trial procedure to follow |
| complaint/ petition | Written request to a court to settle a dispute |
| plaintiff | person who begins civil lawsuit |
| defendant | person against whom a case is filed |
| summons/ process | Notice of suit |
| answer/ motion | Response of defendant to a complaint |
| discovery | Means of obtaining info from other party before a trial |
| verdict | Decision of a jury |
| contract | Legally enforceable agreement |
| breach of contract | Failure to perform contractual obligations |
| valid contract | Contract enforceable by law |
| void | Of no legal effect |
| unenforceable contract | Agreement that is not currently binding |
| voidable contract | Enforeable agreement that may be set aside by one party |
| express contract | Contract w/ the terms of the agreement specified in words |
| implied contract (implied in Fact Contract) | Contract w/ major terms implied by the parties' conduct |
| formal contract | Contract w/ special form or manner of creation |
| recognizance | Obligation entered into before a court to do an act required by law |
| negotiable instrument | document of payment, such as a check |
| simple contract | Contract that is not formal |
| written contract | Contract w/ terms in writing |
| oral contract | Contract w/ terms spoken |
| executory contract | Contract not fully carried out |
| executed contract | Fully performed contract |
| unilateral contract | Contract calling for an act in consideration for a promise |
| bilateral contract | Contract consisting of mutual exchange of promises |
| Quasi contract | imposition of rights and obligations by law w/out a contract |
| unjust enrichment | One benefiting unfairly at another's expense |
Created by:
mcb