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Introduction to Business Law > Chapter 1: Law & Legal Reasoning > Flashcards

Chapter 1: Law & Legal Reasoning Flashcards

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1
Q

Administrative agency

A

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

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2
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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3
Q

Alleges

A

To state, recite,assert, or change

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4
Q

Appellant

A

The party who takes an appeal from one court to another

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5
Q

Appellee

A

The party against whom an appeal is taken—that is, the party who opposes setting aside or revising the judgment

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6
Q

Binding authority

A

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

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7
Q

Breaches

A

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

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8
Q

Case law

A

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

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9
Q

Cases on point

A

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

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10
Q

Citation

A

A reference to a publication in which legal authority—such as a statue or a court decision—or other source can be found

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11
Q

Civil law

A

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

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12
Q

Common law

A

The body of law developed from custom or judicial decisions in English and U.S courts, not attributable to legislature

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13
Q

Concurring opinion

A

A court opinion by one or more judges or justices who agree with the majority but want to make or emphasized in the majority’s opinion

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14
Q

Constitutional law

A

Law that is based if the US constitution and the constitutions of the various states

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15
Q

Courts of equity

A

A court that decided controversies and administers justice according to the rules, principles, and precedents of equity

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16
Q

Courts of law

A

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

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17
Q

Criminal law

A

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

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18
Q

Cyberlaw

A

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet

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19
Q

Damages

A

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

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20
Q

Defendant

A

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

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21
Q

Defense

A

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

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22
Q

Dissenting opinion

A

A court opinion that presents the views of one of one or more judges or justices who disagree with majority decision

23
Q

Equitable maxims

A

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

24
Q

Executive agencies

A

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

25
Q

Historical school

A

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

26
Q

Independent regulatory agencies

A

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

27
Q

Jurisprudence

A

The science or philosophy of law

28
Q

Laches

A

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 in his or her rights

29
Q

Law

A

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

30
Q

Legal positivism

A

A school of legal thought centered on the assumption that 5here is no law higher that the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy

31
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 account

32
Q

Legal reasoning

A

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

33
Q

Liability

A

The state of being lag,lay responsible (liable) for something. Such as a debt or obligation

34
Q

Majority opinion

A

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

35
Q

Natural law

A

The oldest school or legal thought, based that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.

36
Q

Opinions

A

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

37
Q

Ordinances

A

A law proceeding by local governing unit, such as a city or a county

38
Q

Persuasive authorities

A

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

39
Q

Per Curiam opinion

A

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

40
Q

Precedent

A

A court decisions that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

41
Q

Procedural law

A

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

42
Q

Remedies

A

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

43
Q

Remedies at law

A

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

44
Q

Remedies in equity

A

A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity in clued injections, specific performance, rescission, and restitution, and reformation

45
Q

Reporters

A

A publication in which court cases are published, or reported

46
Q

Respondent

A

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

47
Q

Sociological school

A

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

48
Q

Stare decisis

A

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

49
Q

Statues of limitations

A

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

50
Q

Statutory law

A

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

51
Q

Uniform laws

A

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 adopting or rejecting all or part of a uniform law.

52
Q

Substantive Law

A

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

53
Q

Plaintiff

A

A party that initiates a lawsuit

54
Q

Petitioner

A

In equity practice, a party that initiates a lawsuit

Introduction to Business Law (3 decks)

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