Business Law class Chapter 1 terms

defendant

One against whom a lawsuit is brought; the accused person in a criminal proceeding.

plaintiff

One who initiates a lawsuit

administrative law judge (ALJ)

One who resides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

administrative process

The procedure used by administrative agencies in the administration of law

stare decisis

a doctrine under which judges "stand on decided cases" or follow the rule of precedent- in deciding cases. Stare decisis is the cornerstone of the common law tradition

legal positivism

a school of legal thought centered on the assumption that there is no law higher than the laws created by the government. Laws must be obeyed, even if they are unjust, to prevent anarchy

historical school

a school of legal thought that stresses the evolutionary nature of law and looks to doctrines that have withstood the passage of time for guidance in shaping present laws

legal realism

a school of legal thought, popular during the 1920s and 1930s, that left a lasting imprint on American jurisprudence. Legal realists generally advocated a less abstract and more realistic approach to the law, an approach that would take into account customary practices and the circumstances in which transactions take place

case law and common law doctrines

judge-made laws, including interpretations of consitiutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. The common law- the doctrines and principles embodied in case law- governs all areas not covered by statutory law (or agency regulations issued to implement various statutes

common law

law that originated in medieval england with the creation of the king's courts, or curiae regis, and the development of a body of rules that were common to (or applied throughout) the land

natural law tradition

one of the oldest and most significant schools of legal thought. Those who believe in natural law hold that there is a universal law applicable to all human beings and that this law is of higher order than positive, or conventional, law

remedies

remedies at law--money or something else of value remedies in equity-remedies that are granted when the remedies at law are unavailable or inadequate. Equitable remedies include specific performance, an injunction, and contract recission

administrative law

the rules, orders, and decisions of federal or state government administrative agencies. Federal administrative agencies are created by enabling legislation enacted by the US Congress. Agency functions include rulemaking, investigations and enforcement, and adjudication

law

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

stare decisis

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

precedent

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

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 povernment agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts.

equitable principles and maxims

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

sociological school

A school of legal thought that views the law as a tool for promoting justice in society.

breach

The failure to perform a legal oblidation

constitutional law

the law as expressed in the US Constitution and the various state consititutions. the US Constitution is the supreme law of the land. State consitiutions are supreme within state borders to the extent that they do not violate the US Consititution or a federal law

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.

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. If a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.

secondary source of law

A publication that summarizes or interprets the law, such as 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 court decision or other source can be found.

ordinance

A regulation enacted by a city or county legislative body to govern matters not covered by state or federal law.

legal postivism

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 of the 1920s and 1930s that generally advocated 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. This school left a lasting imprint on American jurisprudence.

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.

enabling legislation

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

civil law system

A system of law derived from that of the Roman Empire and based on a code rather than a case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies. In the United States, Lousiana, because of its historical ties to France, has in part a civil law system

cyberlaw

An Informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.

independent regulatory agency

An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause.

executive agency

An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments

persuasive authority

Any legal authority of source of law that a court may look to for guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law.

binding authority

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.

criminal law

Law that defines and governs actions that consititute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

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)

natural law

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.

positive law

The body of conventional, or written, law of a particular society at a particular point in time.

administrative law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities

constitutional law

The body of law derived from the U.S. Consitution 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 (as opposed to consititutional law, administrative law, or case law).

civil law

The branch of 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. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law.

rulemaking

The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rulemaking involves notifyin the public of a proposed rule or change and receiving and considering the public's comments.

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 includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

jurisprudence

The science of philosophy of law.

adjudicate

To render a judicial decision. In the administrative process adjudication is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm violating a law or regulation enforced by the agency.

statutory law

laws or ordinances created by federal, state, and local legislature and governing bodies. None of these laws can violate the US Consititution or the relevant state constitutions. Uniform laws, when adopted by a state legislature, become statutory law in that state