Card Set Information

2012-02-14 00:42:23
business law

Business Law Test One
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  1. Law
    body of enforcable rules govern the relationshop among individuals and between their society
  2. Jurisprudence
    the science or philosophy of the law
  3. Natural Law
    the belief that the law should reflect the moral and ethical principals of human nature. one of the oldest and most significant law schools of legal though
  4. Positive Law
    a body of conventional, written law that is part of a particular society at a point in time
  5. Legal Positivism
    school of thought that there is no law higher than that of the federal government and that all laws must be followed to prevent anarchy.
  6. Primary Sources of Law
    a document that establishes a law on a particular issue, like the constitution, court decision, or administrative rule
  7. Secondary Sources
    a publication that summarizes or interprts a law, like a law revie, or legal encyclopedia
  8. Constitutional Law
    law derived from the constitution and various states
  9. Statuatory Law
    body of law enacted by legislative bodies
  10. Citation
    reference to a publication in which legal authority (such as a statute or court decision) can be found
  11. Ordinance
    a regulation by a city or county to govern matters not covered by state or federal laws
  12. Uniform Laws
    model law created by the NCC that states consider adopting. They have the option of accepting or rejecting all or part of the uniform law. if accepted the law becomes a statuatory law
  13. Administrative Law
    law created by administrative agencies (rules, regulations, orders, decisions) that help them carry out their decisions.
  14. Administrative Agency
    a federal or state government agency established to perform a specific function
  15. Executive Agency
    an administrative agency within the executive branch of the government (at federal level they are in the cabinets)
  16. 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 cause)
  17. Enabling Legislation
    statute enacted by Congress to establish agencies and specify functions
  18. Adjudicate
    to render a judicial decision in administrative law
  19. Administrative Process
    procedure used by administrative agencies in the administration of a law
  20. Rulemaking
    major function of agencies, creating or modifying rules and notifying the public of a proposed rule change
  21. Adminisrative Law Judge
    presides over administration agency hearings and has total power and control
  22. Case Law
    rules of law announced in court decisions
  23. Common Law
    law developed from English and US court decisions
  24. Precedent
    court decision that furnishes an exapmple or authority for deciding subsequent cases involving identical or similar facts
  25. Stare Decisis
    common law doctrine which judges are obligated to follow the precedents established in prior decisions. makes the law more stable and predictable
  26. Binding Authority
    any source of law that a court must follow when deciding a case. bindin authorites include constitutions, statues, and regulations that govern the issue being decided, as well as court decisions that are controlling precendents within the jurisdiction
  27. Persuasive Authority
    any legal authority or source of law that a court may look to for guidance, but does not have to use it to make its decision (cases from other jurisdictions and secondary sources of law)
  28. Remedy
    relief given to innocent party to enforce a right or sompensate for the violation of a right
  29. Plantiff
    one who initiates the lawsuit
  30. Defendent
    one whome the lawsuit is brought against. the accused person in a criminal proceeding.
  31. Statue of Limitations
    federal or state statute that sets the maximum amount of time for a lawsuit to be brought
  32. Substantive Law
    law that defines and creates legal rights and obligations
  33. Procedural Law
    law that established the methods of enforcing the rights established by substantive law
  34. Cyber Law
    an informal term used to refer to all laws governing electronic communication and transactions
  35. Civil Law
    branch of law dealing with the definition and enforcement of all pricate or public rights, as opposed to criminal matters
  36. Civil Law System
    legal law system based on a written code of laws. derived from the roman empire and based on a code rather than case laws
  37. Criminal Law
    law that defines and governs actions that consistute crimes. wrongful actions commited against society for which society demands redress.
  38. National Law
    law that pertains to a particular nation (in opposition to international law)
  39. International Law
    law that governs regulations amongst the nations
  40. Judicial Review
    the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
  41. Jurisdiction
    the authority of a court to hear and decide a specific case
  42. Long-Arm-Statue
    state statute that permits a state to obtain personal jurisdiction over nonresident defendants. defendent must have certain "minimal contacts" with that state for the statute to apply
  43. Probate Court
    STATE court of limited jurisdiction that setles matter relating to a deceased person's estate
  44. Bankrupcy Court
    FEDERAL court of limited jurisdiction that handles only bankrupcy proceedings
  45. Federal Questions
    provides basis for federal jurisdiction, questions pertaining to constitution, congress or treaties
  46. Diversity of Citizenship
    under constitution, basis for federal court jurisdiction based on 1.) citizens of different states 2.) foreign countries and citizens of state or different states 3.) citizens of state and citizens or subjects of a foreign country. Amount must be more than $75000 for a federal court to take jurisdiction.
  47. Concurrent Jurisdiction
    two differnt courts have the power to hear a case. some cases can be heard in federal and state court
  48. Exclusive Jurisdiction
    case can be only heard in a particular court or type of court
  49. Docket
    list of cases to be heard by a court
  50. Venue
    geographical district in which a legal action is tried and jury is selected
  51. Standing to Sue
    individual must have sufficient stake in controversy in order to bring a lawsuit
  52. Justiciable Controversy
    real and substantial controversy. must be proven to have a case seen in a court
  53. Small Claims Court
    special court to legislate small claims ($5000 or less). attorneys not required
  54. Question of Fact
    a lawsuit that involves only disputed facts. decided by jury in a jury trial
  55. Question of Law
    a lawsuit involving only the interpretation of the law. only a judge, not a jury, can rule on questions of law
  56. Writ of Certiorari
    writ from higher court asking a lower court for record of a case for review
  57. Rule of Four
    says that the US Supreme Court will not issue a writ pf certiorari unless 4 judges aggree to write the writ.
  58. Litigation
    process of resolving a dispute through the court system
  59. Pleadings
    statements (including complaint and answer) that outline the facts and details of the case made by the plantiff and the defendant
  60. Summons
    document informing the defendant of the lawsuit and notifying them that they must appear in court
  61. Default Judgement
    judgement entered by a court against a defendant that has failed to appear in court
  62. Answer
    a defendant's response to the plantiffs complaint
  63. COunter Claim
    claim made by the defendant in a civil lawsuit against the plantiff (defendant suing the plantiff)
  64. Reply
    plantiff's response to the defendants answer
  65. Motion to Dismiss
    defendant asserst that the plantiff's claim has no merit or basis in law and requests dismissal of the case
  66. Motion for Judgement on the Pleadings
    motion filed by either party for the court to decided the case based solely on the pleedings without going to trial
  67. Motion for Summary Judgement
    motion requesting the court to enter a judgement without going to trial. based off outside evidence from pleadings and will only be granted with indisputable evidence.
  68. Discovery
    litigation phase where parties obtain info from each other and from third parties prior to trail
  69. Deposition
    testimony of a party to a lawsuit or a witness taken under oath before a trial
  70. Interrogatories
    series of written questions for which written answers are prepared by a party to a lawsuit. usually with help from attorney signed under oath
  71. E-Evidence
    computer generated info, electronically recorded info (voicemails, emails, word docs, etc.)
  72. Voir Dire
    french meaning "to speak the truth." attorneys question prospective jurors using this
  73. Award
    amount of monetary compensation awarded to plantiff as damages
  74. Motion for a Directed Verdict
    motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the grounds that the other party has not produced sufficient evidence to support his or her claim
  75. Motion for Judgement (N.O.V.)
    motion for court to grant judgement in favor of the party making the motion of the ground that the jury's verdict against him or her was unreasonable and erroneous
  76. Motion for New Trial
    motion asserting that the trial was so fundamentally flawed that a new trial is necessary to precent a miscarriage of justice
  77. Brief
    formal legal document that coutlines the facts and issues of the case, the judges rulings or findings, and arguments on the clients behalf
  78. Alternative Dispute Resolution (ADR)
    ways of resolving disputes other than traditional judicial proceedings (negotiations, mediation, arbitrations)
  79. Negotiation
    informal way parties attempt to settle disputes with or without attorneys to represent them
  80. Mediation
    method of settling disputes outside of court by using services of a neutral third party, who acts as a messanger between parties and assists them in negotiating a settlement
  81. Arbitration
    settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision that is (most often) legally binding
  82. Arbitration Clause
    contract clause that provies, that in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court
  83. Summary Jury Trial (SJT)
    method of settling disputes, used in many federal courts, in which a trial is held but the jury's decision is not binding. verdict as a guide
  84. Online Dispute Resolution (ODR)
    resolutions of disputes within the assistance of organizations over the internet
  85. Federal Form of Government
    system of government where states form a union and the sovereign power is divided between the central governmetn and the member states
  86. Checks and Balances
    powers of the national government are divided among three separate branches--the executive, legislative, and judicial branches--each of which exercises a check on the actions of the others.
  87. Commerce Clause
    the provision of article 1 section 8 of the US Constitution that gives congress the power to regulate interstate commerce
  88. Police Powers
    powers of the states as part of their inherent sovereignty. these powers may be excesiced to protect or promote the public order, health, safety, morals, and general welfare
  89. Supremacy Clause
    article 7 of the constitution that provides the laws of constitution are the supreme law of the land
  90. Preemption
    doctrine under which certain federal laws take precedence over conflicting state or local laws
  91. Bill of RIghts
    first ten amendments to the US Constitution. athought most of these rights apply to actions of the states, some of them apply only to actions of the federal government. First amendment guarantees freedom of speech but only applies to government restrictions on speech
  92. Symbolic Speech
    nonverbal expression and beliefs. Given substational protection by the courts
  93. Filtering Software
    computer program designed to block access to certain websites based on content
  94. Meta Tag
    key word in document than can serve as index reference to the document. on the web search engines return results based, in part, on the tags in web documents
  95. Establishment Clause
    provision in the 1st amendment to the constitution that prohibits givernment from establishing state-sponsored religion or favorting one religion
  96. Free Excercise Clause
    provision in the 1st amendment to the constitution that prohibits government from interfering with people's religious practices or forms of worship
  97. Search Warrant
    order granted by public authority such as a judge that authorizes law enforcement personnel to search particular premises or property
  98. Due Process Clause
    provision in the 5th and 14th amendments to the constitution that guarantee no person to be deprived of life, liberty or property without due process of law. similar clauses in most state constitutions
  99. Equal protction Clause
    provision to the 14th amendment that guarantees no state with "deny any person equal protection of the laws. Law mandates that state must treat individuals in similar situations under a similar manner
  100. Enabling Legislation
    statutes enacted by congress that allow administrative agencies to be established and specify the name, composition, and powers of the agency being created
  101. Legislative Rule
    an administrative agency rule that carries the same weight as a congressionally enacted statute
  102. Delegation Doctrine
    doctrine based on article 1 section 8 that has been construed to allow congress to delegate some of its power to make and implement laws to administrative agencies
  103. Bureaucracy
    organizational structure consisting of government bureaus and agencies through which the government implements and enforces the law
  104. Rulemaking
    actions undertaken by administrative agencies when adoptin new regulations that amend old ones. under the administrative procedure act, rulemaking includes notifying the pulic of proposed rules or changes and recieving and considering the public's comments
  105. Notice-And-Comment Rulemaking
    procedure in agency rulemaking that requires 1) notice 2) opportunity for comment and 3) a published draft for the final rule
  106. Adjudication
    act of rendering a judicial decision. resolution of dispute resolved through a hiarchy by the agency
  107. Initial Order
    in the context of administrative law, an agency's disposition in a matter other than rulemaking. An administrative law judge's initial order becomes final unless it is appealed
  108. Final Order
    final decision of an administrative agency on an issue. if no appeal is take or no review by agency, the Administrative Law Judge's initial order becomes the final order of the agency