Chapter 1 Business Law

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administrative agency

a federal, state, or local government agency established to perform a specific function

administrative law judge

agency adjudication involves a trial like hearing before an

substantive law

all laws that define describe regulate and create legal rights and obligations

procedural law

all laws that establish the methods of enforcing the rights established by substantive law

binding authority

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

legal positivism

believe that there can be no higher law than a nations positive law

secondary sources of law

books and articles that summarize and clarify the primary sources of law

administrative law

consists of the rules, orders, and decisions of administrative agenicies

statutory law

laws enacted by legislative bodies at any level of government, such as the statues passed by congress or by state legislatures

ordinances

laws, rules, or orders passed by municipal or county governing units to administer matters not covered by federal or state law

uniform laws

model statues

Preemption

occurs when congress chooses to act exclusively in a concurrent area

commerce clause

permits congress to regulate commerce with foreign nations, and among the several states

persuasive authorities

precedents from other jurisdictions, because they are not binding on the court, are refered to as...

equitable principles and maxims

provide guidance in deciding whether plaintiffs should be granted equitable relief

cyber law

refers to the emerging body of law that governs transactions conducted via the internet

interpretive rules

rules that specify how the agency will interpret and apply its regulations

constitutional law

sets forth the general organization, powers and limits of their respective governments

enabling legislation

specifies the name, composition, purpose, and powers of the agency being created

civil law

spells out the rights and duties that exist between persons and between persons and their governments and the relief available when a persons rights are violated

police powers

state regulatory powers

legislative rules

substantive rules, which are legally binding on all busniesses

primary sources of law

the U.S. constitution, statues or laws passed by congress,regulations created by administrative agencies, case law (court cases)

administrative process

the administration of by law administrative agencies

supremacy clause

the belief the us constitution is the supreme law of the land

case law

the doctrines and principles announced in cases- governs all areas not covered by statutory law or administrative law

remedy

the means given to a party to enforce a right or to compensate for the violation of a right

defendent

the person against the suit

jurisprudence

the study of law

plantiffs

those bringing the law suit

natural law

those who believe that a higher or universal law exists that applies to all human beings and that written laws should imitate these inherent principles

stare decisis

to stand on decided cases

citation

whenever a particular statue is mentioned in text, it is provided as a footnote showing its...

precedent

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

common law

a body of general rules that applied throughout the entire English realm

legal realism

based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs

historical school

emphasizes the evolutionary process of law concentrating on the origin and history of the legal system

law

enforceable rules governing relationships among individuals and their society. Establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group

rulemaking

formulating new regulations

criminal law

has to do with wrongs committed against society for which society demands redress


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