Chapter 1: Law and Legal Reasoning

Question 1

Administrative Agency

Answer 1

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

Question 2

administrative law

Answer 2

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

Question 3

alleges

Answer 3

to state, recite, assert, or charge.

Question 4

appellant

Answer 4

the party who takes an appeal from one court to another.

Question 5

appellee

Answer 5

the party against whom an appeal is taken - that is, the party who opposes setting aside or reversing the judgment.

Question 6

binding authority

Answer 6

any source of law that a court must follow when deciding a case.

Question 7

breaches

Answer 7

to violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society.

Question 8

case law

Answer 8

the rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law.

Question 9

cases on point

Answer 9

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

Question 10

citation

Answer 10

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

Question 11

civil law

Answer 11

the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

Question 12

common law

Answer 12

the body of law developed from custom or judicial decisions in English and US courts, not attributable to legislature.

Question 13

concurring opinion

Answer 13

a court opinion by 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.

Question 14

constitutional law

Answer 14

law that is based on the US Constitution and the constitutions of the various states.

Question 15

courts of equity

Answer 15

a court that decides controversies and administers justice according to the rules, principles, and precedents of equity.

Question 16

courts of law

Answer 16

a court in which the only remedies that can be granted are things of value, such as money damages. In the early English king’s courts, courts of law were distinct from courts of equity.

Question 17

criminal law

Answer 17

the branch of law that defines and punishes wrongful actions committed against the public.

Question 18

cyberlaw

Answer 18

an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.

Question 19

damages

Answer 19

a monetary award sought as a remedy for a breach of contract or a tortious act.

Question 20

defendant

Answer 20

one against whom a lawsuit is brought, or the accused person in a criminal proceeding.

Question 21

defense

Answer 21

reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking.

Question 22

dissenting opinion

Answer 22

a court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision.

Question 23

equitable maxims

Answer 23

general propositions or principles of law that have to do with fairness (equity.)

Question 24

executive agencies

Answer 24

an administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.

Question 25

historical school

Answer 25

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

Question 26

independent regulatory agencies

Answer 26

an administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause.

Question 27

jurisprudence

Answer 27

the science or philosophy of law.

Question 28

laches

Answer 28

the equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.

Question 29

law

Answer 29

a body of enforceable rules governing relationships among individuals and between individuals and their society.

Question 30

legal positivism

Answer 30

a school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.

Question 31

legal realism

Answer 31

a school of legal thought that holds that the law is only one factor to be considered when deciding on cases and that social and economic circumstances should also be taken into account.

Question 32

legal reasoning

Answer 32

1. the process of evaluating how various laws apply to a given situation.
2. the process by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.

Question 33

liability

Answer 33

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

Question 34

majority opinion

Answer 34

a court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.

Question 35

natural law

Answer 35

the oldest school of legal thought, based on the belief that the legal system should reflect universal moral and ethical principles that are inherent in human nature.

Question 36

opinons

Answer 36

a statement by a court expressing the reasons for its decision in a case.

Question 37

ordinances

Answer 37

a law passed by a local governing unit, such as a city or a couty.

Question 38

persuasive authorities

Answer 38

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

Question 39

per curiam opinion

Answer 39

by the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice.

Question 40

petitioner

Answer 40

in equity practice, a party that initiates a lawsuit

Question 41

plaintiff

Answer 41

a party that initiates a lawsuit

Question 42

plurality opinion

Answer 42

a court opinion that is joined by the largest number of the judges or justices hearing the case, but fewer than half of the total number.

Question 43

precedent

Answer 43

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Question 44

procedural law

Answer 44

law that establishes the methods of enforcing the rights established by substantive law.

Question 45

remedies

Answer 45

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

Question 46

remedies at law

Answer 46

a remedy available in a court of law. Money damages are awarded as a remedy at law.

Question 47

remedies in equity

Answer 47

a remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity include injunction, specific performance, rescission and restitution, and reformation.

Question 48

reporters

Answer 48

a publication in which court cases are published, or reported.

Question 49

respondent

Answer 49

in equity practice, the party who answers a complaint or other proceeding.

Question 50

sociological school

Answer 50

a school of legal thought that views the law as a tool for promoting justice in society

Question 51

stare decisis

Answer 51

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdiction.

Question 52

statutes of limitations

Answer 52

a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

Question 53

statutory law

Answer 53

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

Question 54

substantive law

Answer 54

law that defines, describes, regulates, and creates legal rights and obligations.

Question 55

uniform laws

Answer 55

a model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting.

If a state adopts the law, it becomes statutory law in that state. Each state has the option of rejecting all or part of a uniform law. (makes it less uniform across states.)