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Business Law
Exam 1 (Ch.1)
36
Law
Undergraduate 3
02/08/2013

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Term
Primary Source of Law
Definition
A document that establishes the law on a paticular issue, such as a constitution, a statute, an administrative rule or a court decision.
Term
Secondary Source of Law
Definition
A publication that summarizes or inturprets 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 delivered from the U.S Constitution and the Constitution of the various states.
Term
Statutory Law
Definition
The body of the law enacted by legistlative bodies (as opposed to constitutional law, admin. law, and case law)
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
Ordinance
Definition
A regulation enacted by a city or a county legislative body that becomes part of that states statutory law
Term
Uniform Law
Definition
In the American federal system, both the federal government and the individual states have the power to pass statutes or laws. (Local governments like counties and cities can as well but have more limited power generally seen as derived from their state.) Both are subject to constitutional limitations. Some topics are largely covered by federal legislation, some are handled almost exclusively by the states, and many are the subject of both state and federal law.
Term
Administrative Law
Definition
The body of law created by administrative agencies (in the form of rules, regulations, orders and decisions) in order to carry out their duties of responsibility.
Term
Administrative Agency
Definition
A federal, state or local agency established to pro form a specific function. These agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts.
Term
Rulemaking
Definition
The process undertaken by and administrative agency when formally adopting a new regulation or amending an old one. This involves notifying the public of the proposed rule and receiving and considering the public's comments.
Term
Case Law
Definition
The rules of law announced in a case decision. Case law includes the aggregate of reported cases that interpret judicial precedents, statues, regulations and constitutional previsions.
Term
Common Law
Definition
The body of law developed from custom or previous judicial decisions
Term
Precedent
Definition
A court decision that furnishes an example of authority for deciding subsequent causes involving identical or similar facts.
Term
Stare Decisis
Definition
A common law doctrine where judges are obligated to follow the precedent established in previous cases
Term
Binding Authority
Definition
A source of law that a court must follow (constitutions, statutes, regulations) that govern the issue being decided.
Term
Persuasive Authority
Definition
Other cases or sources of law that the court may look to for guidance on making it's decision. This may include court cases form other jurisdictions and secondary sources of law
Term
Remedy
Definition
The relief given to an innocent party to enforce the right of compensation for the violation of the wrongful act of the guilty party
Term
Equatable principles and maxims
Definition
A general prepositions or principles of law that have to do with fairness (equity)
Term
Substantive Law
Definition
The law that defines, regulates, and creates legal right and obligations. (What must be do [what you can and can't do])
Term
Procedural Law
Definition
Law that establishes the methods of enforcing the rights established by substantive law (How it must be done [what procedures must be taken])
Term
Statute of Limitations
Definition
A federal or a state statute setting a maximum time period a lawsuit will be allowed to be filled after the crime or incident has already happened.
Term
Cyber law
Definition
Laws that govern electronic communications and transactions particularly those via the Internet
Term
Federal Form of Government
Definition
Created by the U.S constitution, in which the national government and the states share sovereign power that is divided between the cereal level and the states
Term
Commerce Clause
Definition
The provision in Article 1, Section 8 that gives congress the peer to regulate interstate commerce (and some intrastate commerce)
Term
Interstate Commerce
Definition
commerce among the states
Term
Intrastate Commerce
Definition
Commerce within a state
Term
Police Powers
Definition
State regulatory powers to promote public health, safety, morals, and general welfare. (Give partly by the 10th admin in the constitution)
Term
The Supremacy Clause
Definition
The requirement that renders U.S constitution, laws and treaties "the supreme law of the land." Thus any local laws that directly conflict with federal law will be rendered invalid.
Term
Preemption
Definition
A doctrine under which certain federal laws preempt, or take precedent over, conflicting state or local laws
Term
Bill of Rights
Definition
The first ten amendments of the Constitution
Term
The First Amendment
Definition
Freedom of Speech
Term
Symbolic Speech
Definition
Nonverbal expressions of beliefs. This includes gestures, movements, and articles of clothing
Term
Unprotected Speech
Definition
Speech that is not protected by the 1st amendment. This includes (1) material that is obscene, (2) if it violate moral community standard, (3) patently offensive sexual behavior, (4) work that lacks serious redeeming literary, artistic, political and scientific merit
Term
Establishment Clause
Definition
A provision in the 1st amendment of the constitution that prohibits the government from establishing any promotion or favor for a certain religion
Term
Free Exercise Clause
Definition
The provision in the U.S Constitution that prohibits the government form interfering with people personal religious beliefs and forms of worship
Term
Due process Clause
Definition
The provision in the 5th and 4th amendment guaranteeing that no person shall be deprived of life, liberty, or personal property with out due process of law
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