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business law

chapter one

QuestionAnswer
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