Business Law - Module 1
Case Law
The rules of law announced in court decisions. Includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitution provisions
Dumping
The selling of goods in a foreign country at a price below the price charged for the same goods in the domestic market.
Arbitration
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding
Reasonable Person Standard
The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.
Tort
A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another
Counterclaim
A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff
Actus Reus
A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime
default judgement
A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
Ordinances
A law passed by a local government unit, such as a municipality or a county
Hacker
A person who uses one computer to break into another. Professional computer programmers refer to such persons as "crackers."
Discovery
A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
Motion to dismiss
A pleading in which a defendant asserts the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed
Cases on point
A previous case involving factual circumstances and issues that are similar to those in the case before the court
mini-trial
A private processing in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present and act as an adviser if the parties fil to reach an agreement
Motion
A procedural request or application presented by an attorney to the court on behalf of a client
Reporters
A publication in which court cases are published, or reported
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
Ethical Reasoning
A reasoning process in which an individual links or her moral convictions or ethical standards to the particular situation at hand.
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
Remedies in equity
A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settles rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation
Remedies at Law
A remedy available in a court of law. Money damages are awarded
Concurring Opinion
A written opinions outlining the views of a judge or justice to make or emphasize a point that was not made or emphasized in the majority opinion
Pretrial motion
A written or oral application to a court for a ruling or order, made before trial
Affidavit
A written or printed voluntary statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation
Crime
A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment-or, in some cases, death.
Intentional Tort
A wrongful act knowingly committed
Standing to Sue
The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or threatened with injury
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
Computer Crime
Any violations of criminal law that involves knowledge of computer technology for its perpetrations, investigation or prosecution
Assault
Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
Public Figure
Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movies stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities
Privilege
In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raise as a defense to defamation.
Privileges and Immunities Clause
In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation
Sovereignty
The quality of having independent authority over a geographic area. For instance, state governments have the authority to regulate affairs within their border
Cross-examination
The questioning of an opposing witness during a trial
Rebuttal
The refutation of evidence introduced by an adverse party's attorney
Remedies
The relief given to an innocent party to enforce a right or compensate for the violation of a right
Alternative Dispute Resolution
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR
Federal Rules of Civil Procedure (FRCP)
The rules controlling procedural matters in civil trials brought before the federal district courts
Opinions
A statement by the court expressing the reasons for its decision in a case
Malware
Malicious software programs designed to disrupt or harm a computer, network, smartphone, or other devise
Dissenting Opinion
A Written opinion by a judge or justice who disagrees with the majority opinion
Voir Dire
A French phrase meaning, literally, "to see, to speak" In jury trials, the phrase refers to the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness
Indictment
A charge b a grand jury that a reasonable basis exists for believing that a crime has been committed and that a trial should be held
Full Faith and Credit Clause
A clause in Article IV, Section 1, of the Constitution that provides "Full Faith and Credit shall be given in each state to the public Acts, Records, and Judicial Proceedings of every other state." The clause ensures that rights established under deeds, wills, contracts, and the line in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states
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 includes a pattern through which data are passed. When designed to block access to certain Web sites, the pattern blocks the retrieval of a site whose URL or key words are on a list within the program.
Categorical Imperative
A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding able or undesirable, a person should evaluate the action in terms of what would happen if everybody else in the same situation, or category, acted the same way.
Actual Malice
A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.
Pretrial Conference
A conference, scheduled before the trial begins, between the judge and the attorneys litigation the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference.
Distribution Agreement
A contract between a seller and a distributor of the seller's products setting out the terms and conditions of the distributorship
Act of State Doctrine
A doctrine that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory
Precedent
A court decision that furnished an example or authority for deciding subsequent cases involving identical or similar facts
Courts of law
A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king's courts, courts of law were distinct form courts of equity.
Plurality Opinion
A court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number
Courts of equity
A court that decides controversies and administers justice according to the rules, principles, and precedents of equity
Majority Opinion
A court's written opinion, outlining the views of the majority of the judges or justices deciding the case
Cyber Crime
A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world
Felony
A crime-such as arson, murder, rape, or robbery-that carries the most sever sanctions, usually ranging rom one year in a state or federal prison to the forfeiture of one's life
Cost-Benefit Analysis
A decision-making technique that involved weighing the costs of a given action against the benefits of the action
Assumption of Risk
A defense against negligence that can be used hen the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
Product Misuse
A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer. If the misuse is reasonably foreseeable, the seller will not escape liability unless measurers were taken to guard against the harm that could result from the misuse.
Comity
A deference by which one nations gives effect to the laws and judicial decrees of another nation. This recognition is based primarily on respect
Sovereign Immunity
A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied
Preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
Summons
A document informing a defendant that a legal action has been commence against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person so authorized
Bankruptcy Court
A federal court of limited jurisdiction that handles only bankruptcy proceedings. Bankruptcy proceedings are governed by federal bankruptcy law.
Statues of limitations
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced
Administrative Agency
A federal, state, or local government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts,
Early Neutral Case Evaluation
A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement
Information
A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate
Verdict
A formal decision made by a jury
Brief
A formal legal document submitted by the attorney for the appellant-or the appelee (in answer to the appellant's brief)-to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's brief
Public Policy
A government policy based on widely held societal values and (usually) expressed or implied in laws or regulations.
Confiscation
A government's taking of privately owned business or personal property without a proper public purpose or an award of just compensation
Grand Jury
A group of citizens called to decide, after hearing the state;s evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held
Misdemeanor
A lesser crime than a felony, punishable by a fine or imprionment for up to one year in other than a state or federal penitentiary
Summary Jury Trial
A method of settling disputes in which a trial is held, but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial
mediation
A method of settling disputes outside of court by using the services of a neutral third party. The mediator acts as a communication agent between the parties and suggests ways in which the parties can resolve their dispute
Uniform Laws
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 adoption. If the 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.
Compensatory Damages
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party
Motion for a new trial
A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice.
Motion for judgement on the pleadings
A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute
Motion for summary judgement
A motion requesting the court to enter a judgement without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute
Motion for judgment
A motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous
litigation
A party to a law
Affirmative Defense
A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations
Rule of Four
A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ
Puffery
A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warrants
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
Historical School
A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be
Sociological School
A school of legal thought that views the law as a tool for promotion justice in society
Legal Realism
A school of legal thought that was popular in the 1920s and 1930s and that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more pragmatic approach to the law, and approach that would take into account customary practices and the circumstances in which transactions take place. The school left a lasting imprint on American jurisprudence
Interrogatories
A series of written for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party's attorney
Double Jeopardy
A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the Constitution
Probate Court
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate
Dram Shop Act
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
long arm statute
A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have "minimum contacts" with that state for the statute to apply
Good Samaritan Statute
A state statute that provides that persons who rescue or provide emergency services to others in peril-unless they do so recklessly, thus causing further harm-cannot be sued for negligence.
Opening statement
A statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued.
Normal Trade Relations (NTR) Status
A status granted through an international treaty by which each member nation must treat other members at least as well as it treats the country that receives the country that receives its most favorable treatment. This status was formerly known as most-favored-nation status.
Federal Form of Government
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states
Civil Law System
A system of law derived from that of the Roman Empire and based on a code rather than 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, Louisiana is the only state that has a civil law system
Tariff
A tax on imported goods
Compelling government Interest
A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait
Contributory Negligence
A theory in tort law under which a complaining party's own negligence contributes to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions
Comparative Negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence
E-Evidence
A type of evidence that consists of computer-generate or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data
Writ of Certiorari
A writ from a higher court asking the lower court for the record of a case
Negligence per se
An act (or failure to act) in violation of a statutory requirement
Causation in Fact
An act of omissions without ("but for") which an event would not have occurred
Independent Regulatory Agencies
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 Agencies
An administrative agency within the executive brand of government. At the federal level, executive agencies are those within the cabinet departments
Chancellor
An adviser to the king at the time of the early king's courts of England. Individuals petitioned the king for relief when they could not obtain an adequate remedy in a court of law, and these petitions were decided by the chancellor.
Treaty
An agreement formed between two or more independent nations
Outcome-based Ethics
An agreements in which a seller agrees to sell and a buyer agrees to buy all or up to a stated amount of what the seller produces
Defamation
Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character
Utilitarianism
An approach to ethical reasoning in which ethically correct behavior is related to an evaluation of the consequences of a given action of the consequences of a given action on those who will be affected by it. In utilitarian reasoning, a "good" decision is one that results in the greatest good for the greatest number of people affected by the decision.
Closing Argument
An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges
Quota
An assigned import limit on goods
Disparagement or Property
An economically injurious false statement made about another's products or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.
Duty-based Ethics
An ethical philosophy rooted in the idea that every person has certain duties to others, including both humans and the planet. Those duties may be derived from religious principles or from other philosophical reasoning.
Cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
Superseding Cause
An intervening force event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability
Hearsay
An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible as evidence
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 Authorities
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision
Fraudulent Misrepresentation
Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
Statue of repose
Basically, a statute of limitations that is not dependent on the happening of a cause of action. Statutes of repose generally begin to run at an earlier dated and run for a longer period of time than statutes of limitations
Per Curiam Opinion
By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice
Business Ethics
Ethics in a business context; a consensus what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting
Mens Rea
Criminal intent. A wrongful mental state, which is as necessary as a wrongful act, to establish criminal liability. What constitutes a guilty mental state varies according to the wrongful action. Thus, for murder, the means rea is the intent to take a life. For theft, the mens rea must involve both the knowledge that the property belongs to another and the intent to deprive the owner of it
Actionable
Capable of serving as the basis of a lawsuit
Relevant Evidence
Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court
in rem jurisdiction
Court jurisdiction over a defendant's property
American Arbitration Association
The major organization offering arbitration services in the United States
Metadata
Data that are automatically recorded b electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted it on their hard drives. Can be described as data about data
Slander
Defamation in oral form
Libel
Defamation in writing or other form (such as in a digital recording) having the quality of permanence
Money Laundering
Falsely reporting income that has been obtained through criminal activity as income obtained through criminal activity as income obtained through a legitimate business enterprise-in effect, "laundering' the 'dirty money."
Cyber Fraud
Fraud that involves the online theft of credit card information for criminal use
Equitable maxims
General propositions or principles of law that have to do with fairness (equity)
Stakeholders
Groups, other than the company's shareholders, that are affected by corporate decisions. Stakeholders include employees, customers, creditors, suppliers, and the community in which the corporation operates.
Award
In the context of litigation, the amount of money awarded to a plaintiff in a civil law as damages. In the context of arbitration, the arbitrator's decision
Motion for a judgement as a matter of law
In a federal court, a party's request that the judge enter a judgement in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The state courts refer to this request as a motion for a directed verdict
Question of Fact
In a lawsuit, an issue involving a factual dispute that can only be decided by a judge (or, in a jury trial, a jury)
Question of Law
In a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury, decides the issue.
Motion for a directed verdict
In a state court, a party's request that the judge enter a judgement in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The federal courts refer to this request as a motion for judgement as a matter or law
Entrapment
In criminal law, a defense in which the defendant claims that he or she was induced by a public official-usually an undercover agent or police officer-to commit a crime that he or she would otherwise not have committed
Petty Offense
In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation
Exclusionary Rule
In criminal procedure, a rule under which any evidence that i obtained in violation of the accused's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissibly in court
Petitioner
In equity practice, a party that initiates a lawsuit
Respondent
In equity practice, the party who answers a bill or other proceeding
International Organization
In international law, a term that generally refers to an organization composed mainly of nations and usually established by treaty. The United States is a member of more than one hundred multilateral and bilateral organizations, including at least twenty through the United Nations
Unreasonably Dangerous Product
In product liability, a product that is defective to the point of threatening a consumer's health and safety. A product will be considered unreasonably dangerous if it is dangerous beyond the expectation of the ordinary consumer or if a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it.
Exclusive Jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court
Concurrent Jurisdiction
Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court
Criminal Law
Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress
Constitutional Law
Law that is based on the U.S. Constitution and the constitutions of the various statues
National Law
Law that pertains to a particular nation (as opposed to international law)
Proximate Cause
Legal cause, exists when the connection between an act and injury is strong enough to justify imposing liability
Strict Liability
Liability regardless of fault in tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products
Punitive Damages
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
Damages
Money sought as a remedy for a breach of contract or for a tortious act
Ethics
Moral principles and values applied to social behavior
Necessity
Necessities required for life, such as food, shelter, clothing, and medical attention; may include whatever is believed to be necessary to maintain a person's standard of living or financial and social status
Symbolic Speech
Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment's guarantee of freedom of speech.
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; the accused person in a criminal proceeding
Slander of Quality
The publication of false information about another's product, alleging that it is not what its seller claims
Tortfeasor
One who commits a tort
Plaintiff
One who initiates a lawsuit
Licensee
One who received a license to use, or enter onto, another's property
Phishing
Online fraud in which criminals pretend to be legitimate companies by using e-mails or malicious Web sites that trick individuals and companies into providing useful information, such as bank account numbers, Social Security numbers, and credit card numbers
Police Powers
Powers processed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
Answer
Procedurally, a defendant's response to the plaintiff's complaint
Malpractice
Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence-the failure to exercise due care-on the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice
Probable Clause
Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person
Rules of Evidence
Rules governing the admissibility of evidence in trial courts
Virus
S type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data
Small Claims Court
Special courts in which parties may litigate small claims (usually, claims involving $2,500 or less.) Attorneys are not required in small claims courts, and in many states attorneys are not allowed to represent the parties
Pleadings
Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation the complaint and answer are part of the pleadings
Tolling
Temporary suspension of the running of a prescribed period (such as a statute of limitations.) For instance, a statute of limitations may be tolled until the party suffering an injury has discovered it or should have discovered it.
Common Law
That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature
Robbery
The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery
Identity Theft
The act of stealing another's identifying information-such as a name, date of birth or Social Security number-and using that information to access the victim's financial resources
Jurisdiction
The authority of a court to hear and decide a specific action
Jurisprudence
The authority of a court to hear and decide a specific action
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.
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
Statutory Law
The body of law enacted by legislative bodies (as opposed to constitutional 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
Corporate Social Responsibility (CSR)
The concept that corporations can and should act ethically and be accountable to society for their actions
Rejoinder
The defendant's answer to the plaintiff's rebuttal
Service of process
The delivery of the complaint and summons to a defendant
Duty of Care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the "reasonable person standard," constitutes the tort of negligence.
Trespass to Land
The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authority
Laches
The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights
Direct Examination
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client
Negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Bill of Rights
The first ten amendments to the U.S. Constitution
Embezzlement
The fraudulent appropriation of money or other property by a person to whom the money 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 geographical district in which an action is tried and from which the jury is selected
International Law
The law that governs relations among nations. International customs and treaties are generally considered to be two of the most important sources of international law.
Product Liability
The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are cause by the goods
Self-Defense
The legally recognized privilege to protect one's self or property against injury by another. The privilege of self-defense protects only acts that are reasonably nevessary to protect one's self or property
Arson
The malicious burning of another's dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other mean-for example, by explosion
Moral Minimum
The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law.
Appellee
The party against whom an appeal is taken - that is, the party whose opposes setting aside or reversing the judgement
Appellant
The party who takes an appeal from once court to another
Complaint
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit
Principle of Rights
The principle that human beings have certain fundamental rights (to life, freedom, and the pursuit of happiness, for example). Those who adhere to this "rights theory" believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of others. These others include the firm's owners, its employees, the consumers of its products or services, its suppliers, the community in which it does business, and society as a whole
Plea Bargaining
The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence
Judicial review
The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch
Legal Reasoning
The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases.
Commerce Clause
The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce
Supremacy Clause
The provision in Article VI of the Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.
Establishment Clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law "respecting an establishment of religion."
Free Exercise Clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion
Equal Protection Clause
The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that state governments treat similarly situated individuals in a similar manner.
Due Process Clause
The provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions
Slander of Title
The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. Also called trade libel.
Trade Libel
The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality
Beyond a Reasonable Doubt
The standard used ti determine the guilt or innocence of a person criminally charges. To be guilty of a crime, one must be proved guilty "beyond and to the exclusion of every reasonable doubt." A reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him or her
Checks and Balances
The system by which each of the three branches of the national government (executive, legislative, and judicial) exercises checks on the powers of the other branches
Deposition
The testimony of a party to a lawsuit or a witness taken under oath before a trial
Burglary
The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.)
Trespass to Personal Property
The unlawful taking or harming or another's personal property; interference with another's right to the exclusive possession of his or her personal property
Battery
The unprivileged, international touching of another.
Larceny
The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value
Business Invitee
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.
Impeach
To challenge the credibility of a person's testimony or attempt to discredit a party of witness
Export
To sell products to buyers located in other countries
Diversity of citizenship
Under Article III, Section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases.
Duress
Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform
Meta Tags
Words inserted into a Web site's key-words field to increase the site's appearance in search engine results
in personam jurisdiction
court jurisdiction over the "person" involved in a legal action; personal jurisdiction
Breaches
to violate the a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society
