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Business Law 255
Chapter 1
22
Business
Undergraduate 2
04/01/2009

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Term
Law
Definition
Enforceable rules governing relationships among individuals and between individuals and their society IN OTHER WORDS The science and philosophy of Law
Term
Jurisprudence
Definition
Learning about different schools of legal thought and discovering how each school's approach can affect judicial decision making
Term
Positive Law
Definition
The body of conventional or written law of a particular society at a particular point in time
Term
Legal Positivism
Definition
A school of legal though 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
Term
Historical school
Definition
A school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be
Term
Legal realism
Definition
A school of legal thought of the 1920s and '30s that generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. this school left a lasting imprint on American jurisprudence
Term
Sociological school
Definition
a school of legal thought htat views the law as a tool for promoting justice in society
Term
primary source of law
Definition
a document that establishes the law on a particular issue such as a constitution, a statute, and administrative rule, or a court decision
Term
secondary source of law
Definition
A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review
Term
constitutional law
Definition
the body of law derived from the U.S. Constitution and the constitutions of the various states
Term
statutory law
Definition
The body of law enacted by legislative bodies
Term
citation
Definition
A reference to a publication in which a legal authority or other source can be found
Term
ordinance
Definition
A regulation enacted by a city or county legislative body that becomes part of that state's statutory law
Term
Uniform Law
Definition
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 the state adopts the law it becomes Statutory Law in that state. Each state has the option of adopting or rejecting all or part of uniform law
Term
Administrative Law
Definition
The body of Law created by administrative agencies in order to carry out their duties and responsibilities
Term
Administrative agency
Definition
A federal or state government agency established to perform a specific function. They are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts
Term
Executive agency
Definition
An administrative agency within the executive branch of government. At the federal level , executive agencies are those within the cabinet departments
Term
Independent Regulatory Agency
Definition
An administrative agency that is not considered part of government's executive branch and is not subject to the authority of the president.
Term
Adjudicate
Definition
To render a judicial decision.
Term
Administrative process
Definition
The proceudre used in administration agencies in the administration of law
Term
Rulemaking
Definition
The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one.
Term
Administrative Law Judge
Definition
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations.
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