BLAW 2001
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| Law | Enforceable rules governing relationships among individuals and their society.
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| Jurisprudence | The science or philosophy of law.
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| Primary Source of Law | A document that establishes the law on a particular case, such as the constitution, statute, or court decision.
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| Secondary Source of Law | A publication that summarizes or interprets the law, such as a legal encyclopedia, oran article in a law review.
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| Law | Enforceable rules governing relationships among individuals and their society.
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| Constitutional Law | The body of law enacted by legislative bodies.
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| Jurisprudence | The science or philosophy of law.
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| Statutory Law | The body of law enacted by legislative bodies.
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| Primary Source of Law | A document that establishes the law on a particular case, such as the constitution, statute, or court decision.
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| Citation | A reference to a publication in which a legal authority can be found.
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| Ordinance | A regulation enacted by a city or county legislative body that becomes a states' statutory law.
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| Secondary Source of Law | A publication that summarizes or interprets the law, such as a legal encyclopedia, oran article in a law review.
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| Administrative Law | Rules, regulations, orders created by agencies to carry out duties and responsibilities.
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| Constitutional Law | The body of law enacted by legislative bodies.
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| Administrative Agency | A government authorized by legislative acts to make and enforce rules.
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| Statutory Law | The body of law enacted by legislative bodies.
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| Enabling Legislation | A statute enacted by Congress that authorizes the creation of an administrative agency and its' powers.
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| Citation | A reference to a publication in which a legal authority can be found.
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| Ordinance | A regulation enacted by a city or county legislative body that becomes a states' statutory law.
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| Uniform Law | Model statutes for states to either fully or partially accept or reject.
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| 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.
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| Legislative Rule | A rule made by an administrative agency that carries the same weight as a congressionally enacted statute.
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| Administrative Law Judge | Presides over an administrative agency hearing.
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| Case Law | The rules of law announced in court decision. Includes the aggregate of reported cases that interpret judicial precendants statutes, regulations, and constitutional
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| Administrative Agency | A government authorized by legislative acts to make and enforce rules.
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| Enabling Legislation | A statute enacted by Congress that authorizes the creation of an administrative agency and its' powers.
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| Adjudicate | The rendering of a judicial decision.
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| Administrative Process | The procedure used by administrative agencies when administering law.
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| 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.
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| Legislative Rule | A rule made by an administrative agency that carries the same weight as a congressionally enacted statute.
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| Administrative Law Judge | Presides over an administrative agency hearing.
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| Case Law | The rules of law announced in court decision. Includes the aggregate of reported cases that interpret judicial precendants statutes, regulations, and constitutional
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| Common Law | The body of law developed from custom or judicial decisions in courts, not attributable to legislature.
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| Precedent | A court decision that sets an example in deciding similar future cases.
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| Store Decises | Law doctrine under which judges are obligated to follow precedents.
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| Binding Authority | Any source of law that a court must follow when deciding a case. Includes constitutions, statutes, and precedents.
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| Persuasive Authority | Any legal authority or source of law that a court may use for guidance. Includes secondary sources of law.
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| Remedy | Compensation awarded to an innocent party in a case.
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| Plaintiff | One who initiates a lawsuit.
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| Defendant | The accused person in a criminal proceeding.
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| Equitable Principles and Maxims | Propositions and principles of law that involve fairness and equity.
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| Substantive Laws | Law that defines, describes, regulates, and creates legal rights and obligations.
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| Procedural Law | Law that establishes the methods of enforcing the rights established by substantive law.
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| Statute of Limitations | A federal/state statute setting maximum time period during which a certain action can be brought.
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| Cyberlaw | Laws governing electronic communications and transactions, particularly those conducted via the internet.
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| Civil Law | Branch that defines and enforces public rights
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| Criminal Law | Defines and governs actions that constitute crimes.
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| 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.
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| Commerce Clause | Provision in US constitution that gives congress power to regulate inter/intra-state commerce.
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| Police Powers | Possessed by the states as part of their inherent sovereignty.
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| Supremacy Clause | Part of the Constitution that its laws are always supreme over state an local laws.
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| Preemption | A doctrine under which certain federal laws precedent over conflicting laws.
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| Bill of Rights | First ten amendments to the Constitution.
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| Symbolic Speech | Nonverbal expressions of beliefs, protected by courts.
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| Establishment Clause | Provision in the first Amendment that prohibits the government from establishing any laws that favor one religion to another.
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| Free Exercise Clause | Provision in the first Amendment that prohibits the government from interfering with religious practices.
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| 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.
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| Equal Protection Clause | The government must treat similarly situated individuals in a similar manner.
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| Ethics | Moral principles/values applied to social behavior
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| Business Ethics | What is constituted as "right or wrong" in the business.
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| Moral Minimum | The minimum degree of ethical behavior expected of a business, defined as compliance with the law.
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| Stock Buyback | The purchase of shares of a company's own stock.
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| Stock Option | An agreement that grants the owner the option to buy a given number of shares back within a set time period.
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| Ethical Reasoning | A reasoning process in which an individual links her/her moral convictions or ethical standards to the situation at hand.
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| 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.
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| Principle of Rights | States that humans have fundamental rights.
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| Utilitarianism | Approaches ethical reasoning by evaluating behavior in light of consequence rather than absolute moral value.
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| Cost-Benefit Analysis | A decision-making technique that involves weighing the cost of a given action against the benefits.
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| Corporate Social Responsible | The idea that corporation should act ethically and be accountable for their actions.
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| Judicial Review | The process by which a court decides on the constitutionality of legislature enactments and actions of the executive branch.
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| Jurisdiction | The authority of a court to hear and decide a specific case
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| Long Arm Statute | Permits a state to obtain personal jurisdiction over nonresident defendants.
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| Probate Court | A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
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| Bankruptcy Court | A federal court of limited jurisdiction that handles only bankruptcy proceedings.
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| Federal Question | Pertains to the constitution, acts of congress, or treaties. Provides a basis for federal jurisdiction.
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| 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
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| Concurrent Jurisdiction | Exists when two different courts have power to hear a case.
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| Exclusive Jurisdiction | Exists when a case can be heard only in a particular way.
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| Venue | The district in which a legal action is tried and where jury is selected.
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| Standing to Sue | The plaintiff must demonstrate that he has either been injured or threatened with injury.
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| Small Claims Court | Claims of $5,000 or less are dealt with. Attorneys are not required and in some cases not allowed.
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| Question of Fact | An issue in a lawsuit that only involves facts and not the law. Decided by a jury/judge.
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| Question of Law | An issue involving application or interpretation of law. Can only be decided by a judge.
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| Writ of Cirtiorari | From a higher case asking a lower court for the record of the case.
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| Rule of Four | The US Supreme Court will not issue a Writ of Cirtiorari unless at least four justices approve the case.
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| Litigation | Process of resolving disputes through the court system.
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| Pleadings | Statements made by the plaintiff and defendant in a lawsuit that detail facts and changes in the litigation.
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| Complaint | Pleading made by a plaintiff alleging wrongdoing of the defendant. The document that initiates a lawsuit.
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| Summons | A document informing a defendant that a legal action has been taken against them.
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| Default Judgment | Made by a court against a defendant who has failed to appear in court.
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| Answer | A defendant's response to a plaintiff's complaint.
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| Counterclaim | A claim made by a defendant in a civil lawsuit against the plaintiff.
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| Reply | A plaintiff's response to a defendant's answer.
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| 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.
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| Motion of Judgment on Pleadings | Requesting of the court to decide the issue solely on pleadings, without pursuing trial.
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| Motion for Summary Judgment | Requesting of the court to enter judgment without trial. Can be based on evidence outside the pleadings.
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| Discovery | In the litigation process, when the opposing parties may obtain info. from each other prior to trial.
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| Deposition | The testimony of a party to a lawsuit or witness taken under oath before a trial.
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| Interrogatories | Written answers prepared by a party to a lawsuit with the attorney, and signed under oath.
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| E-Evidence | Computer-generated or electronically recorded info. used as evidence.
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| Voir Dire | French phrase that means 'to speak to the truth'.
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| 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.`
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| Award | The monetary compensation awarded to a plaintiff as damages.
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| Motion for Judgment NOV | A party claims that a jury's verdict was unreasonable.
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| Motion for a New Trial | Asserts that a trial was so fundamentally flawed that a new trial is necessary.
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| Brief | Prepared by an attorney, outlines facts and issues of a case.
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| Docket | A court's schedule of cases to be heard.
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| Alternative Dispute Resolution | Negotiation, mediation, and arbitration.
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| Negotiation | Process in which parties settle their dispute informally, with or without attorneys to support them.
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| Mediation | Settling disputes outside of a court by using a third party who negotiates a settlement.
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| Arbitration | Settling of a dispute by submitting it to a third party who renders a legally binding decision.
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| Arbitration Clause | In a contract, the parties of a dispute will submit it to arbitration rather than litigate it in a court.
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| 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.
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| Online Dispute Resolution | Using the assistance of online organizations to resolve a dispute.
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| Tort | Wrongful actions that cause harm to others.
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| Business Tort | Wrongful interference with another business' rights.
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| Damages | Money sought as a remedy for a breach of contract or a tortious action.
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| Compensatory Damages | A monetary award equivalent to the value of injury or damage sustained.
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| Punitive Damages | Monetary damages that may be awarded to a plaintiff to punish the defendant.
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| Intentional Tort | A wrongful act knowingly committed.
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| Tortfeasor | One who commits a tort.
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| Assault | A word or action intended to make someone fearful of harm. A believable threat
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| Battery | The harmful or offensive touching of another.
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| Defense | Reasoning by the defendant in a lawsuit as to why the plaintiff should not recover what he seeks.
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| Defamation | Anything published or spoken that hurts ones' good reputation.
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| Libel | Defamation in the form of writing or any form of permeance.
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| Slander | Defamation in oral form.
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| Actionable | A claim capable of serving as the bases for a lawsuit
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| Privilege | A legal right, exemption, or immunity granted to a party.
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| Actual Malice | The deliberate intent to cause harm, exists when one makes a false or reckless statement.
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| Appropriation | The false use of one's identity without permission for the benefit of the user.
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| Fraudulent Misrepresentation | Misstatement or omission of fact made with the intention of deceiving another.
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| Puffery | Non-legally binding promises or warranties made by a salesperson.
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| Trespass to Land | The entry onto land owned by another without permission or legal authorization.
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| Conversion | Wrongfully using the personal property of another without permission.
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| Disparagement of Property | A false statement made about another's product.
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| Slander of Property | Publication of false information about another's product.
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| Slander of Title | The publication of a statement that casts doubt on one's legal ownership of property causing financial loss.
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| Negligence | Failure to exercise standard care that a reasonable person would in similar circumstances.
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| Duty of Care | Duty of all persons to exercise reasonable amounts of care in their dealings with others.
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| Reasonable Person Standard | The standard behavior expected of a person.
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| Business Invitee | A customer or client who is invited onto the premises of the business by the owner.
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| Malpractice | Nonprofessional actions by a professional.
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| Causation in Fact | An act without which an event would not have occurred.
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| Proximate Cause | A legal cause imposed by a liability
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| Assumption of Risk | A doctrine under which a plaintiff may not recover for injuries or damages from risks they knew they voluntarily assumed.
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| Contributory Negligence | A rule in tort law that completely bars the plaintiffs from recovering damages if the damages suffered are partly his fault.
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| Comparative Negligence | Proportionately bars the plaintiff from recovering part of the damages if the damages are partly his fault.
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| Res Ipsa Loquitar | A doctrine under which negligence may be inferred because an event has occurred.
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| Negligence Per Se | Failure to act in violation of a statutory requirement.
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| Good Samaritan Statute | A statute saying that persons who provide emergency services cannot be sued for negligence unless they cause further harm.
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| Lien | Claims, charges, or liabilities on a property to satisfy a debt or protect a claim for the payment of a debt.
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| 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.
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| Implied Warranty | Arrises by law because of the circumstances of sale rather than a promise made by the seller.
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| 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.
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| 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.
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| 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.
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| Cease-and-Desist Order | An administrative order prohibiting a person or business from continuing activities that have been deemed illegal.
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| 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.
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| 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.
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