Law Midterm #1

Diversity of Citizenship

A basis for federal court jurisdiction over a lawsuit between citizens of different states

Law

A body of enforceable rules governing relationships among individuals and between individuals and their society

Arbitration Clause

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court

Stare Decisis

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

Filtering Software

A computer program that is designed to block access to certain Web sites based on their content

Business Ethics

A consensus as to what constitutes right or wrong behavior in the world of business and how moral principles are applied by businesspersons

Justiciable Controversy

A controversy that is not hypothetical or academic but real and substantial

Precedent

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

Injunction

A court decree ordering a person to do or refrain from doing a certain act

Entrapment

A defense in which the defendant claims that he or she was induced by a public official - usually undercover - to commit a crime that he or she would not otherwise have committed

Delegation Doctrine

A doctrine based on the U.S. Constitiution, which has been construed to allow Congress to delegate some of its poer to administrative agencies to make and implement laws

Preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

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

Bankruptcy Court

A federal court of limited jurisdiction that handles only bankruptcy proceedings

Administrative Agency

A federal or state government agency established to perform a specific function

Statute of Limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced

Actus Reus

A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability

Meta Tag

A key word in a document that can serve as an index reference to the document

Mediation

A method of settling disputes outside the courts by using a neutral third party who acts as a communicating agent between the parties and assists them in negotiation a settlement

Uniform Law

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

Notice-and-Comment Rulemaking

A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule

Negotiation

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them

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

Federal Question

A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction

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 state's statutory law

Legal Prositivism

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government

Historical School

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

Legal Realism

A school of legal thought that generally advocates 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

Beyond a Reasonable Doubt

A standard of proof under which if there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be "not guilty"

Probate Court

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate

Long Arm Statute

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants

Enabling Legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created

Federal Form of Government

A system of government in which the states form a union and sovereign power is divided between the central government and the member states

Compelling Government Interest

A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait

Crime

A wrong against society proclaimed in a statute and punishable by society through fines, imprisonment, or death

Legislative Rule

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

Interpretive Rule

An administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces

Initial Order

An agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed

Cyberlaw

An informal term used to refer to all laws governing online communications and transactions

Search Warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property

Persuasive Authority

Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision

Binding Authority

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

Money Laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds

Equitable Principles and Maxims

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

Exclusive Jurisdiction

Jurisdiction that exists when a case can be heard only in a particular court or type of court

Concurrent Jurisdiction

Jurisdiction that exists when two different courts have the power to hear 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

Criminal Law

Law that has to do with wrongful actions committed against society for which society demands redress

National Law

Law that pertains to a particular nation

Mens Rea

Mental state, or intent. Normally, a wrongful mental state is as necessary as a wrongful act to establish criminal liability

Ethics

Moral principles and values applied to social behavior

Symbolic Speech

Nonverbal expressions of beliefs

White-Collar Crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

Defendant

One against whom a lawsuit is brought

Plaintiff

One who initiates a lawsuit

Administrative Law Judge (ALJ)

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 fact

Police Powers

Powers possessed by states as part of their inherent sovereignty

Probable Cause

Reasonable grounds for believing that a person should be arrested or searched

Robbery

The act of forcefully and unlawfully taking personal property of any value from another

Rulemaking

The actions of administrative agencies when formally adopting new regulations or amending old ones

Jurisdiction

The authority of a court to hear and decide a specific case

Natural Law

The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature

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. Constitution 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

Statutory Law

The body of law enacted by legislative bodies

Civil Law

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

Breach

The failure to perform a legal obligation

Final Order

The final decision of an administrative agency on an issue

Bill of Rights

The first ten amendments to the U.S. Constitution

Embezzlement

The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted.

Forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

Venue

The geographic district in which a legal action is tried and from which the jury is selected

Arson

The intentional burning of another's building

International Law

The law that governs relations among nations

Self-Defense

The legally recognized privilege to protect oneself or one'e property against injury by another

Bureaucracy

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws

Administrative Process

The procedure used by administrative agencies in the administration of law

Adjudication

The proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation

Judicial Review

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch

Pleas Bargaining

The process by which a defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition, subject to court approval

Commerce Clause

The provision in Article I, Section 8, of the U.S. Constitution that gives congress the power to regulate interstate commerce

Establishment Clause

The provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

Free Exercise Clause

The provision in the First Amendment that prohibits the government from interfering with people's religious practices or forms of worship

Equal Protection Clause

The provision in the Fourteenth Amendment that guarantees that a state may not "deny to any person within its jurisdiction the equal protection of the laws"

Due Process Clause

The provisions in the Firth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law.

Remedy

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

Supremacy Clause

The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land"

Standing to Sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit

Alternative Dispute Resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration

Online Dispute Resolution (ODR)

The resolution of disputes with the assistance of organizations that offer disputeresolution services via the internet

Case Law

The rules of law announced in court decisions

Jurisprudence

The science or philosophy of law

Arbitration

The settling of a dispute by submitting it to a disinterested third party who renders a decision that is often legally binding

Checks and Balances

The system by which each of the three branches of the national government exercises a check on the actions of the others

Burglary

The unlawful entry or breaking into a building with the intent to commit a felony

Larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property

Duress

Unlawful Pressure brought to bear on a person, causing the person to perform an act that she or he wold not otherwise have performed