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ch.1 vocab
introduction to law
20
Business
Undergraduate 2
04/02/2009

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Term
jurisprudence
Definition
the science or philosophy of law
the study of law
Term
natural law
Definition
theory that law arises from certain values or judgments that are unchanging, in accordance with an absolute source (G0d, nature, reason), and understandable by human reason; once discovered, these principles overrule any form of human law
Term
legal positivism
Definition
identifies the source of law: the legislator or sovereign, whose will must be followed as laid down
Term
sociological theory
Definition
asserts that law should be based on an inventory of a community's contemporary interests.
A judge or legislator, who thereby becomes aware of the standards and mores of the community, then rules or legislates according to these standards.
Term
public law
Definition
deals with the rights and duties of individuals, associations, and corporations
Term
substantive law
Definition
defines prohibited behavior, thereby establishing basic rights and duties
Term
procedural law
Definition
Defines the rules by which a lawsuit is carried out.
Term
civil law
Definition
Rules for establishing rights and duties of individuals and redressing personal wrongs
Term
criminal law
Definition
The law of crimes, whereby the states sues a person for having injured the general welfare of society
Term
plaintiff
Definition
The party who commences an action at law and seeks a remedy
Term
defendant
Definition
The party who defends himself or herself against an action at law
Term
Misdemeanor
Definition
A category of crimes less serious than felonies and punishable by fines and/or time spent in the local jail (not prison)
Term
Felony
Definition
A category of serious crimes punishable by fines, imprisonment, or death
Term
common law
Definition
The extant body of judicial opinion written in casebooks and having the force of the law
Term
statutory law
Definition
Law made by the legislature
Term
equity
Definition
A court action seeking a remedy other than monetary damages, such as specific performance or an injunction
Term
statute
Definition
A law passed by legislative body at the federal or state level
Term
ordinance
Definition
A law passed by a legislative body at the county or city level
Term
code
Definition
An orderly, indexed, numerically arranged compilation of legislative or quasi-legislative law
Term
precedent
Definition
That which went before; previous law on an issue, which is followed in subsequent similar cases
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