Business Law Today 1

Description:	Chapter 1
Category:	Management
Created by:	nicholashagler on 2009-02-05

Question	Answer
Stare Decisis	A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
Adjudicate	To render a judicial decision.
Administrative Agency	A federal or state government agency established to perform a specific function.
Administrative Law	The body of law created by administrative agencies in order to carry out their duties and responsibilities.
Administrative Law Judge (ALJ)	One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
Administrative Process	The procedure used by administrative agencies in the administration of law.
Bill of Rights	The first ten amendments to the U.S. Constitution.
Binding Authority	Any source of law that a court must follow when deciding a case.
Case Law	The rules of law announced in a court decisions.
Citation	A reference to a publication in which a legal-authority such as a statue or a court decision-or other source can be found.
Civil Law	The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Civil Law System	A system of law derived from that or the Roman Empire and based on a code rather than case law.
Commerce Clause	The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.
Common Law	The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Constitutional Law	The body of law derived from the U.S. Constitution and the constitutions of the various states.
Criminal Law	Law that defines and governs actions that constitue crimes.
Cyberlaw	An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet.
Defendant	One against whom a lawsuit is brought; thee accused person in a criminal proceeding.
Due Process Clause	The provisions in the 5th and 14th Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property with out due process of law.
Enabling Legislation	A statue encted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
Equal Protection Clause	The provision of the 14th Amendment to the Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws."
Equitable Principles and Maxims	General propositions or principles of law that have to do with fairness.
Establishment Clause	The provision of the 1st Amendment to the U.S. Constitution that prohibits the governemtn from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.
Executive Agency	An administrative agency within the executive branch of government.
Federal Form of Government	A system of government in which the states form a union an dthe sovereign power is devided between the centeral government and the member states.
Filtering Software	A computer program that is designed to block access to certain Websites based on their content. The software prevents the retrieval of a site whose URL or key words are on a list within the program.
Free Exercise Clause	The provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people's religious practices or forms of worship.
Independent Regulatory Agency	An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president.
International Law	The law that governs relations among nations.
Jurisprudence Law	The science of philosophy law.
National Law	Law that pertians to a particular nation.
Ordinance	A regulation enacted by a city or county legislative body that becomes part of that state's statutory law.
Persuasive Authority	Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision.
Plaintiff	One who initiates a lawsuit.
Police Powers	Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
Precedent	A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Preemption	A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Primary Source of Law	A document that establishes the law on a particular issue, such as a constitution, a statue, an administrative rule, or a court decision.
Procedural Law	Law that establishes the methods of enforcing the rights established by substantive law.
Remedy	The relief given to an innocent party to enforce a right or compensate for the violation of a right.
Rulemaking	The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one.
Secondary Source of Law	A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.
Statue of Limitations	A federal or state statue setting the maximum time period during which a certain action can be brought or certain rights enforced.
Statutory Law	The body of law enacted by legislative bodies.
Substantive Law	Law that defines, describes, regulates, and creates legal rights and obligations.
Supremacy Clause	The provision of Article VI of the Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."
Symbolic Speech	Nonverbal expressions of beliefs.
Uniform Law	A model law created by the National Conference of Commissioners on Uniform State Laws and the American Law Institute for the states to consider adopting.