Shared Flashcard Set

Details

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

Additional Law Flashcards

 


 

Cards

Term

Stare decisis

Definition

(pronounced ster-ay dih-si-ses) A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

Term

appellant

Definition

 

The party who takes an appeal from one court to another.

Term

appellee

Definition

The party against whom an appeal is takenthat is, the party who opposes setting aside or reversing the judgment.

Term

binding authority

.

Definition

 

Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

Term

breach

Definition

To violate a law, 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 rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

Term

citation

Definition
 

A reference to a publication in which a legal authoritysuch as a statute or a court decisionor other source can be found.

Term

civil law

 

Definition
 

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal 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

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.

Supporting users have an ad free experience!