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Business Law
Glossary
29
Law
Undergraduate 1
04/25/2009

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Term
Stare Decisis
Definition
A Common law doctrine under which judges are obligated to follow the precendents estabilshed in prior cases
Term
Appellant
Definition
The party who takes an appell from one court to another
Term
Appellee
Definition
The party against whom an appell is taken; that is the party who opposes setting aside or reversing the judgement 
Term
Binding Authority
Definition
Any source of law that a court must follow when deciding a case. Binding Authority includes constitutions, statutes and regulations that govern the issuebeing decided, as well as court decisions that are controlling precedents within the jurisdiction
Term
Breach
Definition
To violate a law, bu an act or omission, or to break a legal obligationthat one owes to another person or to society
Term
Case Law
Definition
The rules of law announed in court decisions. Case law includes the aggregate of reported case that interpret judicial precents, statutes, regulations, and constittutional provisions.
Term
Citation
Definition
A reference to a publication in which a legal authority, such as a statute or a court decision or other source can be found.
Term
Civil Law
Definition
The branch of law dealing with the definition and enforcementof all private or publis rights , as opposed to crimanal matters
Term
Common Law
Definition
That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature
Term
Constitutional law
Definition
  Law that is based on the U.S. Constitution and the constitutions of the various states.
Term
Court of Equity
Definition
  A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.
Term
court of law
Definition
  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.
Term
Cyberlaw
Definition
  An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.
Term
Damages
Definition
  Money sought as a remedy for a breach of contract or for a tortious act.
Term
Defendant  
Definition
One against whom a lawsuit is brought; the accused person in a criminal proceeding.
Term
Jurisprudence  
Definition
The science or philosophy of law.
Term
Natural law  
Definition
The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the most significant schools of legal thought.
Term
Opinion  
Definition
A statement by the court expressing the reasons for its decision in a case.
Term
Petitioner  
Definition
In equity practice, a party that initiates a lawsuit.
Term
Plaintiff
Definition
  One who initiates a lawsuit.
Term
Positive law
Definition
  The body of conventional, or written, law of a particular society at a particular point in time.
Term
Positivist school
Definition
  A school of legal thought whose adherents believe that there can be no higher law than a nation's positive lawthe body of conventional, or written, law of a particular society at a particular time.
Term
Precedent
Definition
  A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Term
Procedural law
Definition
  Rules that define the manner in which the rights and duties of individuals may be enforced.
Term
Public policy
Definition
  A government policy based on widely held societal values and (usually) expressed or implied in laws or regulations.
Term
Remedy
Definition
remedy The relief given to an innocent party to enforce a right or compensate for the violation of a right.
Term
remedy at law
Definition
  A remedy available in a court of law. Money damages are awarded as a remedy at law
Term
remedy in equity
Definition
  A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation.
Term
substantive law
Definition
  Law that defines the rights and duties of individuals with respect to each other, as opposed to procedural law, which defines the manner in which these rights and duties may be enforced.
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