Business law Chapter 1

civil law system

A system of law derived from roman law that is based on codified laws (rather than on case precedents).

Primary source of law

a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.

administrative agency

a federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

uniform law

a model law developed by the national conference of commissioners on uniform state laws for the states to consider enacting into statute

interpretive rule

a non binding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.

Secondary source of law

a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

citation

a reference to a publication in which a legal authority such as a statute or a court decision or other source can be found

ordinance

a regulation enacted by a city or county legislative body that becomes part of that states statutory law

legal positivism

a school of legal thought 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

legal realism

a school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account

historical school

a school of legal thought that looks to the past to determine what the principles of contemporary law should be.

enabling legislation

a statute enacted by congress that authorizes the creation of an administrative agency and specifies the name composition purpose and powers of the agency being created

legislative rule

an administrative agency rule that carries the same weight as a congressionally enacted statute

cyber law

an informal term used to refer to all laws governing electronic communications and transactions particularly those conducted via the internet.

persuasive authority

any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

binding authority

any source of law that a court must follow when deciding a case

substantive law

law that defines describes regulates and creates legal rights and obligations

procedural law

law that establishes the methods of enforcing the rights established by substantive law

national law

law that pertains to a particular nation (as opposed to international law)

Defendant

one against whom a lawsuit is brought or the accused person in a criminal proceeding.

plaintiff

one who initiates a lawsuit

administrative law judge

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 of facts.

administrative law

the body of law created by administrative agencies in order to carry out their duties and responsibilities

constitutional law

the body of law derived from the U.S constituion and the constitutions of the various states

common law

the body of law developed from custom or judicial decisions in english and U.S courts, not attributable to a legislature

statutory law

the body of law enacted by legislative bodies 9as opposed to constitutional law administrative law or case law.

criminal law

the branch of law that defines and punishes wrongful actions committed against the public

civil law

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

international law

the law that governs relations among nations

natural law

the oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature

administrative process

the procedure used by administrative agencies in administering the law.

rulemaking

the process by which an administrative agency formally adopts a new regulation or amends an old one.

remedy

the relief given to an innocent party to enforce a right or compensate for the violation of a right

case law

the rules of law announced in court decisions. case law interprets statutes, regulations, constitutional provisions, and other case law.

jurisprudence

the science or philosophy of law

Liability

the state of being legally responsible for something, such as a debt or obligation

adjudicate

to render a judicial decision. adjudication is the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency's regulation

precedent

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

stare decisis

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

equitable principles and maxims

general propositions or principles of law that have to do with fairness (equity).