Shared Flashcard Set

Details

Business Law Ch. 1
N/A
43
Business
Undergraduate 3
08/23/2011

Additional Business Flashcards

 


 

Cards

Term
Adjudicate
Definition
To render a judicial decision.

In the administrative process, this i 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 with violating a law or regulation enforced by the agency.
Term
Administrative Agency
Definition
A federal or state government agency established to perform a specific function.

They are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts.
Term
Administrative Law
Definition
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.
Term
Administrative Law Judge
(ALJ)
Definition
One who presides over an admiistrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determiations of fact.
Term
Administrative Process
Definition
The procedure used by administrative agencies i administering the law.
Term
Binding Authority
Definition
Any source of law that a court must follow when deciding a case.

This includes constitutions, statues, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
Term
Breach
Definition
The failure to perform a legal obligation.
Term
Case Law
Definition
The rules of law announced in court decisions.

This includes the aggregate of reported cases that nterpret judicial precedents, statutes, regulations, and constitutional provisions.
Term
Citation
Definition
A reference to a publication in which a legal authority -such as a statute or a court decision- or other source can be found.
Term
Civial Law
Definition
The branch of law dealng with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Term
Civil Law System
Definition
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, because of its historical ties to France, has, in part, this.
Term
Common Law
Definition
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
Term
Constitutional Law
Definition
The body of law derived from the U.S. Constitution and he constitutions of the various states.
Term
Criminal Law
Definition
Law the defines and governs actions that constitute crimes.

Generally, this has to do with wrongful actions committed against society for which society demands redress.
Term
Cyberlaw
Definition
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via Internet.
Term
Defendant
Definition
One against whom a lawsuit is brought; the accused person in a criminal proceeding.
Term
Enabling Legislation
Definition
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
Term
Equitable Principles and Maxims
Definition
General propositions or principles of law that have to do with fairness.
Term
Historical School
Definition
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.
Term
International Law
Definition
The law that governs relations among nations.

National laws, customs, treaties, and internatonal conferences and organizations are generally considered to be the most important sources of this.
Term
Interpretive Rule
Definition
An administrative agencyrule that is simply a statement or opinon issued by the agency explaining how it interprets and intends to apply the statutes it enforces. Such rules are not binding on private individuals or organizations.
Term
Jurisprudence
Definition
The science or philosophy of law.
Term
Law
Definition
A body of enforceable rules governing relationships among individuals and between individuals and their society.
Term
Legal Positivism
Definition
A school of leal thouht 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.
Term
Legal Realism
Definition
A school of legal thouht 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 circumtances in which transactions take place. This school left a lasting imprint on American jurisprudence.
Term
Legislative Rule
Definition
An administrative agency rule that carries the same weight as a congressionally nacted statute.
Term
National Law
Definition
Law that pertains to a particular nation (as opposed to international law).
Term
Natural Law
Definition
The belief that government and the legal system should reflect universal moral and etical principles that are inherent in human nature.

This school is the oldest and one of the most significan schools of legal thought.
Term
Ordinance
Definition
A regulation enacted by a city or county legislative body that becomes part of that state's statutory law.
Term
Persuasive Authority
Definition
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.

This includes cases fom other jurisdictions and secondary sources of law.
Term
Plaintiff
Definition
One who initiates a lawsuit
Term
Precedent
Definition
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Term
Primary Source of Law
Definition
A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.
Term
Procedural Law
Definition
Law that establishes the methods of enforcing the rights established by substantive law.
Term
Remedy
Definition
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
Term
Rulemaking
Definition
The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one.

This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
Term
Secondary Source of Law
Definition
A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.
Term
Sociological School
Definition
A school of legal thought that views the law as a tool for promoting justice in society.
Term
Stare Decisis
Definition
A common law doctrine under which judges are obligated to follw the precedents established in prior decisions.

"To stand on decided cases"
Term
Statute of Limitations
Definition
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Term
Statutory Law
Definition
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law.
Term
Substantive Law
Definition
Law that defines, describes, regulates, and creates legal rights and obligations.
Term
Uniform Law
Definition
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.

Each state has the optio of adopting or rejecting all or part of this. If a state adopts the law, it becomes statutory law in that state.
Supporting users have an ad free experience!