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Business Law I Terms
Business Law I - Chapter 1-2 Vocabulary Terms
| Term | Definition |
|---|---|
| Law | The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. |
| Right | Legal capacity to require another person to perform or refrain from an action. |
| Duty | Obligation of law imposed on a person to perform or refrain from performing a certain act. |
| Right of Privacy | The right to be free from unreasonable intrusion by others. |
| Constitution | A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. |
| Statutory | Legislative acts declaring, commanding, or prohibiting something. |
| Administrative Regulations | Rules made by state and federal administrative agencies. |
| Private Law | The rules and regulations parties agree to as part of their contractual relationships. |
| Case Law | Law that includes principles that are expressed for the first time in court decisions. |
| Precedent | A decision of a court that stands as the law for a particular problem in the future. |
| Stare Decisis | "let the decision stand"; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. |
| Common Law | The body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. |
| Substantive Law | The law that defines rights and liabilities. |
| Procedural Law | The law that must be followed in enforcing rights and liabilities. |
| Criminal Law | The laws that define wrongs against society. |
| Civil Law | The laws the define the rights of one person against another. |
| Equity | The body of principles that originally developed because of the inadequacy of the rules the applied by the common law courts of England. |
| Affirm | Action taken by an appellate court that approves the decision of the court below. |
| Counterclaim | A claim that the defendant in an action may make against the plaintiff. |
| Admissibility | The quality of the evidence in a case that allows it to be presented to jury. |
| Appeal | Taking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct. (Parties-appellant, appellee) |
| Defendant | Party charged with a violation of civil or criminal law in a proceeding. |
| Association Tribunal | A court created by a trade association or group for the resolution of disputes among its members. |
| Answer | What a defendant must file to admit or deny facts asserted by the plaintiff. |
| Cross-Examination | The examination made of a witness by the attorney for the adverse party. |
| Court | A tribunal established by government to hear and decide matters properly brought to it. |
| Demurrer | A pleading to dismiss the adverse party's pleading for not stating a cause of action or a defense. |
| Deposition | The testimony of a witness taken out of court before a person authorized to administer oaths. |
| Appellate Jurisdiction | The power of a court to hear and decide a given class of cases on appeal from another court or administrative agency. |
| Attorney-Client Privilege | Right of individual to have discussions with his/her attorney kept private and confidential. |
| Complaint | The initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant. |
| Arbitration | The settlement of disputed questions, whether of law or fact, by whose decision the parties agree to be bound. |
| Direct Examination | Examination of a witness by his or her attorney. |
| En Banc | The term used when the full panel of judges on the appellate court hears a case. |
| Federal District Courts | A general trial court of the federal system. |
| Execution | The carrying out of a judgment of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgment creditor. |
| Interrogatories | Written questions used as a discovery tool that must be answered under oath. |
| Directed Verdict | A direction by the trail judge to the jury to return a verdict in favor of a specified party to the action. |
| Expert Witness | One who has acquired special knowledge in a particular field as through practical experience or study, or both whose opinion is admissible as an aid to the trier of fact. |
| Garnishment | The name given in some states to attachment proceedings. |
| Discovery | Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation. |
| Judge | Primary officer of the court. |
| General Jurisdiction | The power to hear and decide most controversies involving legal rights and duties. |
| Impeach | Using prior inconsistent evidence to challenge the credibility of a witness. |
| Jury | A body of citizens sworn by a court to determine by verdict the issues of fact submitted to them. |
| Jurisdiction | The power of a court to hear and determine a given class of cases; the power to act over a particular defendant. |
| Mistrail | A court's declaration that terminates a trail and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct. |
| Instructions | Summary of the law given to jurors by judge before deliberation begins. |
| Judgment n.o.v or Judgment non Obstante Veredicto | A judgment entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgment should be entered the opposite of the verdict. |
| Limited (special) Jurisdiction | The authority to hear only particular kinds of cases. |
| Mediation | The settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case. |
| Minitrial | A trial held on portions of the case or certain issues in the case. |
| Motion For Summary Judgment | Request that the court decide a case on basis of law only because there are no material issues disputed by the parties. |
| Opening Statements | Statements by opposing attorneys that tell the jury what their cases will prove. |
| Motion To Dismiss | A pleading that may be filed to attack the adverse party's pleading as not stating a cause of action or a defense. |
| Pleadings | The papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indication of the nature of the issues. |
| Recross-Examination | An examination by the other side's attorney that follows the redirect examination. |
| Reversible Error | An error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court. |
| Process | Paperwork served personally on a defendant in a civil case. |
| Plaintiff | Party who initiates a lawsuit. |
| Redirect Examination | Questioning after cross-examination, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross-examination. |
| Prosecutor | Party who originates a criminal proceeding. |
| Remand | Term used when an appellate court sends a case for additional hearings or a new trial. |
| Reverse | The term used when the appellate court sets aside the verdict or judgment of a lower court. |
| Summary Jury Trial | A mock or dry-run trial for parties to get a feel for how their cases will play to a jury. |
| Request For Production of Documents | Discovery tool for uncovering paper evidence in a case. |
| Original Jurisdiction | The authority to hear a controversy when it is first brought to court. |
| Rent-A-Judge Plan | Dispute resolution through private courts with judges paid to be referees for the cases. |
| Small Claims Courts | Courts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves. |
| Reference To A Third Person | Settlement that allows a nonparty to resolve the dispute. |
| Voir Dire Examination | The preliminary examination of a juror or a witness to ascertain fitness to act as such. |
| Summations | The attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury. |
| Writ of Certiorari | The U.S Supreme Court granting a right of review by the court of a lower court decision. |
| Subject Matter Jurisdiction | Judicial authority to hear a particular type of case. |
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