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Chapter 1
N/A
50
Business
Undergraduate 3
10/13/2012

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Term
Administrative Law
Definition
Consist of the rules, orders, and decisions of administrative agencies.
Term
Administrative Agency
Definition
A federal, state, or local government agency established to perform a specific function.
Term
Allege
Definition
Claim
Term
Analogy
Definition
Is to compare the facts in the case at hand to the facts in a previous case and, to the extent that the patterns are similar, to apply the same rule of law to the present case.
Term
Appellant
Definition
The party appealing the case
Term
The appelle
Definition
The party against whom the appeal is taken.
Term
Bindning Authority
Definition
Any source of law that a court must follow when deciding a case.
Term
Binding Authorities include
Definition
Constitutions, Statutes, and Regulations that govern the issue being decided.
Term
Breach
Definition
To violate a low, by an act or an omission, or to break a legal obligation that one owes to another person or to society.
Term
Case law
Definition
The doctrines and principles announced in cases-governs all areas not covered by statutory law or administrative agencies.
Term
Cases on point
Definition
previously decided cases that are as similar as possible to the one under consideration,
Term
Chancellor
Definition
Person who had the power to grant new and unique remedies.
Term
Citation
Definition
Identifies the 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 rights and duties that exist between persons and their governments, as well as the relief available when a person's rights are violated.
Term
Common Law
Definition
A body of general rules that applied throughout the entire english realm.
Term
Constitutional Law
Definition
The law.
Term
Court of Equity
Definition
Took the place of the chancellor
Term
Courts of law
Definition
The courts that awarded compensation
Term
Damages
Definition
An amount given to a party whose legal interest have been injured
Term
Defendant
Definition
Party being sued
Term
Defense
Definition
An argument by a party being sued
Term
Equitable maxims
Definition
Propositions or general statement of equitable rules
Term
Executive Agencies
Definition
An administrative agency within the executive branch of government.
Term
Independent regulatory agency
Definition
The federal level agencies
Term
Historical school
Definition
emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system.
Term
Jurisprudence
Definition
Learning about different schools of jurisprudential thought and discovering how the approaches to law characteristic of each school can affect judicial decision making.
Term
Laches
Definition
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 on his or her rights.
Term
Law
Definition
The body of enforceable rules governing relationships among individuals and between individuals and their society.
Term
Legal positivism
Definition
There can be no higher law then a nations positive law- created by a particular society at a particular point in time.
Term
Legal Reasoning
Definition
The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases.
Term
Natural Law
Definition
the believe that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature.
Term
Opinion
Definition
A statement by the court expressing the reasons for its decision in a case
Term
Ordinance
Definition
A law passed by a local governing unit, such as a municipality or a county
Term
Petitioner
Definition
In equity practice, a party that initiates a lawsuit
Term
Plaintiff
Definition
Once who initiates the lawsuit
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
The relieve 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.
Term
Reporter
Definition
A publication in which court cases are published, or reported.
Term
Respondent
Definition
In equity practice, the party who answers a bill or other proceedings.
Term
Sociological school
Definition
A school or legal thought that views the law as a tool for promoting justice in society.
Term
Stare decisis
Definition
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
Term
Statute of limitations
Definition
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Term
Statutory law
Definition
The body of law enacted by legislative bodies
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.
Term
Syllogism
Definition
A form of deductive reasoning consisting of a major premise; a minor premise; and a conclusion.
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.
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