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A Common law doctrine under which judges are obligated to follow the precendents estabilshed in prior cases |
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The party who takes an appell from one court to another |
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The party against whom an appell is taken; that is the party who opposes setting aside or reversing the judgement |
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Any source of law that a court must follow when deciding a case. Binding Authority includes constitutions, statutes and regulations that govern the issuebeing decided, as well as court decisions that are controlling precedents within the jurisdiction |
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To violate a law, bu an act or omission, or to break a legal obligationthat one owes to another person or to society |
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The rules of law announed in court decisions. Case law includes the aggregate of reported case that interpret judicial precents, statutes, regulations, and constittutional provisions. |
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A reference to a publication in which a legal authority, such as a statute or a court decision or other source can be found. |
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The branch of law dealing with the definition and enforcementof all private or publis rights , as opposed to crimanal matters |
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That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature |
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Law that is based on the U.S. Constitution and the constitutions of the various states. |
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A court that decides controversies and administers justice according to the rules, principles, and precedents of equity. |
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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 from courts of equity. |
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An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet. |
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Money sought as a remedy for a breach of contract or for a tortious act. |
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One against whom a lawsuit is brought; the accused person in a criminal proceeding. |
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The science or philosophy of law. |
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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. |
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A statement by the court expressing the reasons for its decision in a case. |
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In equity practice, a party that initiates a lawsuit. |
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One who initiates a lawsuit. |
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The body of conventional, or written, law of a particular society at a particular point in time. |
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A school of legal thought whose adherents believe that there can be no higher law than a nation's positive lawthe body of conventional, or written, law of a particular society at a particular time. |
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A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. |
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Rules that define the manner in which the rights and duties of individuals may be enforced. |
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A government policy based on widely held societal values and (usually) expressed or implied in laws or regulations. |
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remedy |
The relief given to an innocent party to enforce a right or compensate for the violation of a right. |
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A remedy available in a court of law. Money damages are awarded as a remedy at law |
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A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation. |
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Law that defines the rights and duties of individuals with respect to each other, as opposed to procedural law, which defines the manner in which these rights and duties may be enforced. |
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