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BLAW 2001
| Question | Answer |
|---|---|
| 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
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