Chapter 1 Business Law
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
