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BLAW 2001

QuestionAnswer
Law Enforceable rules governing relationships among individuals and their society.
Jurisprudence The science or philosophy of law.
Primary Source of Law A document that establishes the law on a particular case, such as the constitution, statute, or court decision.
Secondary Source of Law A publication that summarizes or interprets the law, such as a legal encyclopedia, oran article in a law review.
Law Enforceable rules governing relationships among individuals and their society.
Constitutional Law The body of law enacted by legislative bodies.
Jurisprudence The science or philosophy of law.
Statutory Law The body of law enacted by legislative bodies.
Primary Source of Law A document that establishes the law on a particular case, such as the constitution, statute, or court decision.
Citation A reference to a publication in which a legal authority can be found.
Ordinance A regulation enacted by a city or county legislative body that becomes a states' statutory law.
Secondary Source of Law A publication that summarizes or interprets the law, such as a legal encyclopedia, oran article in a law review.
Administrative Law Rules, regulations, orders created by agencies to carry out duties and responsibilities.
Constitutional Law The body of law enacted by legislative bodies.
Administrative Agency A government authorized by legislative acts to make and enforce rules.
Statutory Law The body of law enacted by legislative bodies.
Enabling Legislation A statute enacted by Congress that authorizes the creation of an administrative agency and its' powers.
Citation A reference to a publication in which a legal authority can be found.
Ordinance A regulation enacted by a city or county legislative body that becomes a states' statutory law.
Uniform Law Model statutes for states to either fully or partially accept or reject.
Administrative Law When an administrative agency formally adopts a new regulation or amends an old one. Involves notifying the public of a proposition and considering their reactions.
Legislative Rule A rule made by an administrative agency that carries the same weight as a congressionally enacted statute.
Administrative Law Judge Presides over an administrative agency hearing.
Case Law The rules of law announced in court decision. Includes the aggregate of reported cases that interpret judicial precendants statutes, regulations, and constitutional
Administrative Agency A government authorized by legislative acts to make and enforce rules.
Enabling Legislation A statute enacted by Congress that authorizes the creation of an administrative agency and its' powers.
Adjudicate The rendering of a judicial decision.
Administrative Process The procedure used by administrative agencies when administering law.
Rule-making When an administrative agency formally adopts a new regulation or amends an old one. Involves notifying the public of a proposition and considering their reactions.
Legislative Rule A rule made by an administrative agency that carries the same weight as a congressionally enacted statute.
Administrative Law Judge Presides over an administrative agency hearing.
Case Law The rules of law announced in court decision. Includes the aggregate of reported cases that interpret judicial precendants statutes, regulations, and constitutional
Common Law The body of law developed from custom or judicial decisions in courts, not attributable to legislature.
Precedent A court decision that sets an example in deciding similar future cases.
Store Decises Law doctrine under which judges are obligated to follow precedents.
Binding Authority Any source of law that a court must follow when deciding a case. Includes constitutions, statutes, and precedents.
Persuasive Authority Any legal authority or source of law that a court may use for guidance. Includes secondary sources of law.
Remedy Compensation awarded to an innocent party in a case.
Plaintiff One who initiates a lawsuit.
Defendant The accused person in a criminal proceeding.
Equitable Principles and Maxims Propositions and principles of law that involve fairness and equity.
Substantive Laws Law that defines, describes, regulates, and creates legal rights and obligations.
Procedural Law Law that establishes the methods of enforcing the rights established by substantive law.
Statute of Limitations A federal/state statute setting maximum time period during which a certain action can be brought.
Cyberlaw Laws governing electronic communications and transactions, particularly those conducted via the internet.
Civil Law Branch that defines and enforces public rights
Criminal Law Defines and governs actions that constitute crimes.
Federal Form of Government A system of government in which the states form a union and power is divided between the centra government and the states.
Commerce Clause Provision in US constitution that gives congress power to regulate inter/intra-state commerce.
Police Powers Possessed by the states as part of their inherent sovereignty.
Supremacy Clause Part of the Constitution that its laws are always supreme over state an local laws.
Preemption A doctrine under which certain federal laws precedent over conflicting laws.
Bill of Rights First ten amendments to the Constitution.
Symbolic Speech Nonverbal expressions of beliefs, protected by courts.
Establishment Clause Provision in the first Amendment that prohibits the government from establishing any laws that favor one religion to another.
Free Exercise Clause Provision in the first Amendment that prohibits the government from interfering with religious practices.
Due Process Clause Provision to the 5th/14th amendments that guarantee no person shall be deprived of life, liberty, or property without due process of law.
Equal Protection Clause The government must treat similarly situated individuals in a similar manner.
Ethics Moral principles/values applied to social behavior
Business Ethics What is constituted as "right or wrong" in the business.
Moral Minimum The minimum degree of ethical behavior expected of a business, defined as compliance with the law.
Stock Buyback The purchase of shares of a company's own stock.
Stock Option An agreement that grants the owner the option to buy a given number of shares back within a set time period.
Ethical Reasoning A reasoning process in which an individual links her/her moral convictions or ethical standards to the situation at hand.
Categorical Imperative The concept of where one considers what is right, to valuate the actions in the terms of what would happen if everyone acted in the same way.
Principle of Rights States that humans have fundamental rights.
Utilitarianism Approaches ethical reasoning by evaluating behavior in light of consequence rather than absolute moral value.
Cost-Benefit Analysis A decision-making technique that involves weighing the cost of a given action against the benefits.
Corporate Social Responsible The idea that corporation should act ethically and be accountable for their actions.
Judicial Review The process by which a court decides on the constitutionality of legislature enactments and actions of the executive branch.
Jurisdiction The authority of a court to hear and decide a specific case
Long Arm Statute Permits a state to obtain personal jurisdiction over nonresident defendants.
Probate Court A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
Bankruptcy Court A federal court of limited jurisdiction that handles only bankruptcy proceedings.
Federal Question Pertains to the constitution, acts of congress, or treaties. Provides a basis for federal jurisdiction.
Diversity of Citizenship A basis for federal district court jurisdiction over a lawsuit between citizens of different states, a foreign country and citizens, or citizens of a state and subjects of a different country. Amount in controversy must be over $75,000
Concurrent Jurisdiction Exists when two different courts have power to hear a case.
Exclusive Jurisdiction Exists when a case can be heard only in a particular way.
Venue The district in which a legal action is tried and where jury is selected.
Standing to Sue The plaintiff must demonstrate that he has either been injured or threatened with injury.
Small Claims Court Claims of $5,000 or less are dealt with. Attorneys are not required and in some cases not allowed.
Question of Fact An issue in a lawsuit that only involves facts and not the law. Decided by a jury/judge.
Question of Law An issue involving application or interpretation of law. Can only be decided by a judge.
Writ of Cirtiorari From a higher case asking a lower court for the record of the case.
Rule of Four The US Supreme Court will not issue a Writ of Cirtiorari unless at least four justices approve the case.
Litigation Process of resolving disputes through the court system.
Pleadings Statements made by the plaintiff and defendant in a lawsuit that detail facts and changes in the litigation.
Complaint Pleading made by a plaintiff alleging wrongdoing of the defendant. The document that initiates a lawsuit.
Summons A document informing a defendant that a legal action has been taken against them.
Default Judgment Made by a court against a defendant who has failed to appear in court.
Answer A defendant's response to a plaintiff's complaint.
Counterclaim A claim made by a defendant in a civil lawsuit against the plaintiff.
Reply A plaintiff's response to a defendant's answer.
Motion to Dismiss A request of the court to dismiss the case on the grounds of improper delivery of complaints, improper venue, or improper summons.
Motion of Judgment on Pleadings Requesting of the court to decide the issue solely on pleadings, without pursuing trial.
Motion for Summary Judgment Requesting of the court to enter judgment without trial. Can be based on evidence outside the pleadings.
Discovery In the litigation process, when the opposing parties may obtain info. from each other prior to trial.
Deposition The testimony of a party to a lawsuit or witness taken under oath before a trial.
Interrogatories Written answers prepared by a party to a lawsuit with the attorney, and signed under oath.
E-Evidence Computer-generated or electronically recorded info. used as evidence.
Voir Dire French phrase that means 'to speak to the truth'.
Motion for a Directed Verdict A motion requesting the judge to take the decision out of the hands of the jury, because not enough evidence has been provided.`
Award The monetary compensation awarded to a plaintiff as damages.
Motion for Judgment NOV A party claims that a jury's verdict was unreasonable.
Motion for a New Trial Asserts that a trial was so fundamentally flawed that a new trial is necessary.
Brief Prepared by an attorney, outlines facts and issues of a case.
Docket A court's schedule of cases to be heard.
Alternative Dispute Resolution Negotiation, mediation, and arbitration.
Negotiation Process in which parties settle their dispute informally, with or without attorneys to support them.
Mediation Settling disputes outside of a court by using a third party who negotiates a settlement.
Arbitration Settling of a dispute by submitting it to a third party who renders a legally binding decision.
Arbitration Clause In a contract, the parties of a dispute will submit it to arbitration rather than litigate it in a court.
Summary Jury Trial The verdict of a case is not legally binding, but acts as a guide to the parties to help reach an agreement.
Online Dispute Resolution Using the assistance of online organizations to resolve a dispute.
Tort Wrongful actions that cause harm to others.
Business Tort Wrongful interference with another business' rights.
Damages Money sought as a remedy for a breach of contract or a tortious action.
Compensatory Damages A monetary award equivalent to the value of injury or damage sustained.
Punitive Damages Monetary damages that may be awarded to a plaintiff to punish the defendant.
Intentional Tort A wrongful act knowingly committed.
Tortfeasor One who commits a tort.
Assault A word or action intended to make someone fearful of harm. A believable threat
Battery The harmful or offensive touching of another.
Defense Reasoning by the defendant in a lawsuit as to why the plaintiff should not recover what he seeks.
Defamation Anything published or spoken that hurts ones' good reputation.
Libel Defamation in the form of writing or any form of permeance.
Slander Defamation in oral form.
Actionable A claim capable of serving as the bases for a lawsuit
Privilege A legal right, exemption, or immunity granted to a party.
Actual Malice The deliberate intent to cause harm, exists when one makes a false or reckless statement.
Appropriation The false use of one's identity without permission for the benefit of the user.
Fraudulent Misrepresentation Misstatement or omission of fact made with the intention of deceiving another.
Puffery Non-legally binding promises or warranties made by a salesperson.
Trespass to Land The entry onto land owned by another without permission or legal authorization.
Conversion Wrongfully using the personal property of another without permission.
Disparagement of Property A false statement made about another's product.
Slander of Property Publication of false information about another's product.
Slander of Title The publication of a statement that casts doubt on one's legal ownership of property causing financial loss.
Negligence Failure to exercise standard care that a reasonable person would in similar circumstances.
Duty of Care Duty of all persons to exercise reasonable amounts of care in their dealings with others.
Reasonable Person Standard The standard behavior expected of a person.
Business Invitee A customer or client who is invited onto the premises of the business by the owner.
Malpractice Nonprofessional actions by a professional.
Causation in Fact An act without which an event would not have occurred.
Proximate Cause A legal cause imposed by a liability
Assumption of Risk A doctrine under which a plaintiff may not recover for injuries or damages from risks they knew they voluntarily assumed.
Contributory Negligence A rule in tort law that completely bars the plaintiffs from recovering damages if the damages suffered are partly his fault.
Comparative Negligence Proportionately bars the plaintiff from recovering part of the damages if the damages are partly his fault.
Res Ipsa Loquitar A doctrine under which negligence may be inferred because an event has occurred.
Negligence Per Se Failure to act in violation of a statutory requirement.
Good Samaritan Statute A statute saying that persons who provide emergency services cannot be sued for negligence unless they cause further harm.
Lien Claims, charges, or liabilities on a property to satisfy a debt or protect a claim for the payment of a debt.
Express Warranty A seller's written promise to an underlying sales or lease agreement as to the quality and condition of the goods being sold.
Implied Warranty Arrises by law because of the circumstances of sale rather than a promise made by the seller.
Product Liability The legal liabilities of manufacturers, sellers of goods to consumers, users, and bystanders for injuries or damage that is caused by the goods.
Market-Share Liability A theory under which liability is shared among all firms that manufactured and distributed a particular product during a certain period of time.
Deceptive Advertising Misleads consumers, either by making unjustified claims concerning a product's performance or by omitting a material fact concerning the product's performance.
Cease-and-Desist Order An administrative order prohibiting a person or business from continuing activities that have been deemed illegal.
Counter-Advertising New advertising that is undertaken pursuant to a Federal Trade Commission in order for the purpose of correcting earlier false claims that were made about a product.
Multiple Product Order Requires a firm to cease and desist from false advertising in regard to all of its producer, not just the product that was the subject of the action.
Created by: alecjohnson16