Chapter 1 - Law and Legal Reasoning Flashcards
Administrative Agency
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
Administrative Law
The body of law created by administrative agencies in order to carry out their duties and responsibilities
Allege
To state, recite, assert, or charge.
Appellant
The party who takes an appeal from one court to another
Appellee
The party against whom an appeal is taken- that is, the party who opposes setting aside or reversing the judgement.
Binding Authority
Any source of law that a court must follow when deciding a case
Breach
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
Case Law
The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law.
Case on Point
A previous case involving factual circumstances and issues that are similar to those in the case before the court.
Citation
A reference to a publication in which a legal authority - such as a stature or a court decision - or other source can be found.
Civil Law
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Common Law
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Concurring Opinion
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
Constitutional Law
Law that is based on the U.S. Constitution and the constitutions of various states
Court of Equity
A court that decides controversies and administers justice according to the rules, principles, and precedents of equity
Court of Law
A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king’s courts, courts of law were distinct from courts of equity
Criminal Law
The branch of law that defines and punishes wrongful actions committed against the public
Cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
Damages
A monetary award sought as a remedy for a breach of contract or a tortious act
Defendant
One against whom a lawsuit is brought, or the accused person in a criminal proceeding.
Defense
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking
Dissenting Opinion
A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision
Equitable Maxims
General propositions or principles of law that have to do with fairness (equity).
Executive Agency
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet of departments
Historical School
A school of legal thought that looks to the past to determine what the principles of contemporary law should be
Independent Regulatory Agency
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 just cause.
Jurisprudence
The science or philosophy of law.
Laches
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.
Law
A body of enforceable rules governing relationships among individuals and between individuals and their society
Legal Positivism
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.
Legal Realism
A school of 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 account.
Legal Reasoning
The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.
Liability
The state of being legally responsible (liable) for something, such as a debt or obligation.
Majority Opinion
A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.
Natural Law
The oldest school of legal thought, based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.
Opinion
A statement by a court expressing the reasons for its decision in a case
Ordinance
A law passed by a local governing unit, such as a city or a county
Persuasive Authority
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.
Per Curiam Opinion
By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice.
Petitioner
In equity practice, a party that initiates a lawsuit.
Plaintiff
A party that initiates a lawsuit
Plurality Opinion
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.
Precedent
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Procedural Law
Law that establishes the methods of enforcing the rights established by substantive law
