Details Title: Business Law Description: business law Total Flash Cards: 25 Created: 05/22/2008 08:50:20		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Law Flashcards
Cards in this set: Term attorney/client privilege Definition permits clients to keep confidential matters discussed by or with their attorneys Term attorney's fees Definition ordinarily, unless a statute provides that a winning party may recover attorney fees or a claim or defense was outrageously wrong, the parties pay their own councel Term case law Definition common law is, therefore, the overall accumulation of judicial decisions, known as case law Term Civil Law Definition codified law based on the Roman code of Justinian' the basis of the legal system of most European and Latin American countries Term code Definition in the common law, a collection of statutes enacted by legislative bodies, including congress and state legislatures Term common law Definition law as developed and pronounced by the courts in deciding cases ("case law"), based on the common law of England and judicial precedent Term constitution Definition a nation's or state's supreme set of laws, outlining the basic organization, powers, and responsibilities of the government and guaranteeing certain specified rights to the people Term equity Definition historically, in England and the U.S., a parallel and independent legal system based on principles of "fair play" or equity; now merged into the general court system, with responsibility for (among other matters) family law, injunctions, and specific performance of contracts Term ordinance Definition a law passed by a government body below the state level and dealing with a local concern Term law Definition that which a judge will decide concerning matters properly brought before him/her; in a broader sense, any rule that society will enforce Term lex talionsis Definition Latin meaning "the law of retaliation"or the law of private retribution Term morality Definition the body of self imposed rules of conduct generally perceived to be right Term procedural law Definition pertains to operating rules for obtaining substantive rights or defining substantive obligations in a court of law Term retainers Definition money paid in advance to secure the service of a lawyer, it gives both parties assurance of contractual obligations Term rule Definition a regulation issued by a federal, state, or a local administrative agency (or court) and governing procedure or conduct in a specific field Term statute Definition a law passed by the U.S. Congress or a state legislature Term substantive law Definition refers to any body of law creating, defining, and regulating rights and obligations within the framework of a single subject, such as contracts, torts, crimes, or property Term stare decisis Definition (Latin) "stand by the decision" a requirement that a court follow its own and higher court precedents Term statute Definition a law passed by the U.S. Congress or a state legislature Term Uniform commercial code Definition a comprehensive uniform law covering most commercial transactions (ie banking, sale of goods) Term affectation doctrine Definition as long as the activity sought to be regulated affects interstate commerce it is within congressional regulatory authority Term appellate jurisdiction Definition the power to hear appeals from other court's decisions Term bill of attainder Definition laws intended to single out an individual and/or punish him/her without benefit of a trial Term checks and balances Definition governmental arrangement whereby powers of each governmental branch (executive, legislative, judiciary) check and/or balance powers of the other branches Term commercial speech Definition expressions such as advertising, made by businesses; while protected under the constitution's First Amendment, this type of speech can be restricted as to time, place, and manner in ways that political speech cannot