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Business Law > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

Adjudicate

A

To render a judicial decision. Trial-like proceeding where a judge hears and resolves disputes involving an administrative agency’s regulations

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2
Q

Administrative agency

A

A federal, state, or local government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

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3
Q

Administrative law

A

The body of law created by administrative agencies in order to carry out their duties and responsibilities

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4
Q

Administrative law judge (alj)

A

One who presides over an administrative agency hearing; has to power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

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5
Q

Administrative process

A

Process used by administrative agencies: rulemaking, enforcement, and adjudication

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6
Q

Allege

A

To state, recite, assert, or charge

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7
Q

Binding authority

A

Any source of law that a court must follow when deciding a case

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8
Q

Case law

A

The rules of law announced in court decisions; interprets statutes, regulations, and constitutional provisions

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9
Q

Case on point

A

A previous case involving factual circumstances and issues that are similar to those in tbe case before the court

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10
Q

Citation

A

A reference to a publication in which a legal authority (such as a statute or a court decision) or other source can be found

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11
Q

Civil law

A

Deals with the definition and enforcement of all private or public rights, as opposed to criminal matters

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12
Q

Civil law system

A

Is based on codified laws (rather than on case precedents)

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13
Q

Common law

A

Developed from customs or judicial decisions in English and US courts, not attributable to a legislature

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14
Q

Concurring opinion

A

One or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion

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15
Q

Constitutional law

A

Body of law derived from the US Constitution and the constitutions of the various states

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16
Q

Criminal law

A

Defines and punishes wrongful actions committed against the public

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17
Q

Cyber law

A

All laws governing electronic communications and transactions

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18
Q

Defendant

A

Who the lawsuit is brought against/ the accused person in a criminal proceeding

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19
Q

Dissenting opinion

A

Presents the views of one or more judges or justices who disagree with the majority’s decision

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20
Q

Enabling administration

A

Statute that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created

21
Q

Equitable maxims

A

General propositions or priniciples of law that have to do with fairness (equity)

22
Q

Historical school

A

A school of legal thought that looks to the past to determine what the principles of contemporary law should be

23
Q

International law

A

Governs relations among nations

24
Q

Interpretive rules

A

Nonbinding rules ormpolicy statements issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces

25
Q

Jurisprudence

A

The science or philosophy of law

26
Q

Law

A

A body of enforcable rules governing relationships among individuals and between individuals and their society

27
Q

Legal positivism

A

A school of legal thought centered on the assumption that there is no law higher than the laws created by the national government

28
Q

Legal realism

A

A school of legal thought that holds that the law is only one factor to be considered when deciding cases, and that social and economic circumstances should also be taken into consideration

29
Q

Legal reasoning

A

A judge harmonizes his or her opinion with the judicial decisions in previous cases

30
Q

Legislative rules

A

An administrative agency rule that carries the same weight as a congressionally enacted statute

31
Q

Liability

A

State of being legally responsible (liable) for something, such as a debt or obligation

32
Q

Majority opinion

A

Court opinion that represents the views of the majority of judges or justices

33
Q

National law

A

Pertains to a particular nation

34
Q

Natural law

A

Oldest school of legal thought: the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature

35
Q

Ordinance

A

Regulation enacted by a city or county legislative body that becomes part of that city’s or county’s statutory law

36
Q

Per curiam opinion

A

Court opinion that doesn’t indicate which judge or justice authored the opinion

37
Q

Persuasive authority

A

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

38
Q

Plaintiff

A

One who initiates a lawsuit

39
Q

Plurality opinion

A

Court opinion that is joined by the largest number of judges hearing the case, but is less than half of the total number

40
Q

Precedent

A

Court decision that furnishes an example or authority for deciding future cases involving identical or similar facts

41
Q

Primary source of law

A

Establishes the law on a particular issue such as a constitution, statute, administrative rule, or court decision

42
Q

Procedural law

A

Establishes the methods of enforcing the rights established by substantive law

43
Q

Remedy

A

Relief given to an innocent party to enforce a right or compensate for the violation of a right

44
Q

Rulemaking

A

Process by which an administrative agency formally adopts a new regulation or amends or removes an old one

45
Q

Secondary source of law

A

Publication that summarizes or inteprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

46
Q

Stare decisis

A

Common law doctrine under which judges are obligated to follow the precedents established in prior decisions

47
Q

Statutory law

A

Body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

48
Q

Substantive law

A

Defines, describes, regulates, and creates legal rights and obligations

49
Q

Uniform laws

A

Model laws developed by the National Conference of Commissioners in Uniform State; Laws for the states to consider enacting into statute

Business Law (5 decks)

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