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IC Chapter-1
Interpersonal chapter 1 vocab
79
Communication
Undergraduate 2
09/12/2010

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Term

Law

Definition
consists of enforceable rules governing relationships among individuals and between individuals and their society
Term
Jurisprudence
Definition
the study of law
Term
breaches
Definition
breaks or fails to perform
Term
primary sources of law
Definition
sources that establish the law
Term

primary sources

include:

Definition

sources such as:

U.S. constitution, statues of laws, regulations created by administrative agencies, court decisions

Term
secondary sources of law
Definition
books and articles that summarize and clarify the primary sources of law
Term

secondary sources 

include:

Definition
legal encyclopedias, compilations, official comments to statues, treaties, articles in law published by law schools, articles in legal journals
Term
constitutional law
Definition
the law as expressed in constitutions
Term
supreme law of the land
Definition
U.S. Constitution
Term
Statutory Law
Definition
laws enacted by legislative bodies at any level of government, such as statues passed by congress or by state legislature
Term
Citation
Definition
reference to a publication in which a legal authority - such as a statute or a court decision - or other source can be found
Term
ordinances
Definition
statues passed by municipal or county governing units to govern matters not covered by federal or state law
Term
uniform law
Definition
a model law created for the states to consider adopting
Term
administrative law
Definition
consists of the rules, orders, and decisions of administrative agencies
Term
administrative agency
Definition
a federal, state or local government agency established to perform a specific function
Term
enabling legislation
Definition
specifies the name, composition, purpose, and powers of the agency being created
Term
adjudicate
Definition
resolve judicially
Term
administrative process
Definition
the administration of law by administrative agencies
Term
rulemaking
Definition
formulating new regulations
Term
legislative rules
Definition
also known as substantive rules, are legally binding on all business
Term
administrative law judge
Definition
one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
Term
case law
Definition
the doctrines and principles announced in cases, governs all areas not covered by statutory law or administrative law
Term
common law
Definition
a body of general rules that applied throughout the entire English realm
Term
precedent
Definition
a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
Term
stare decisis
Definition
to stand on decided cases
Term
binding authority
Definition
an source of law that a court must follow when deciding a case
Term
persuasive authorities
Definition
any legal authority or source of law that a court may look to for guidance but on which it need not rely on making its decision.
Term
remedy
Definition
means given to a party to enforce a right or to compensate for the violation of a right
Term
courts of law
Definition
places in which compensation in terms of money or property as a result of wronging another person
Term
remedies at law
Definition
compensation of money or property 
Term
equity
Definition
seeks to supply a remedy when no adequate remedy at law is available
Term
chancellor
Definition
advisory to a king, had the power to grant new and unique remedies
Term
courts of equity
Definition
formal chancery courts to decide unique remedies 
Term
remedies in equity
Definition
remedies granted by chancery courts
Term
plaintiff
Definition
those bringing lawsuits
Term
defendant
Definition
the person against whom a lawsuit is brought
Term
specific performance
Definition
an order to perform what was promised
Term
injuction
Definition
directing a party to do or refrain from doing a particular act
Term
equitable principles and maxims
Definition
provide guidance in deciding whether plaintiffs should be granted equitable reliefs, have to do with fairness
Term
substantive law
Definition
law that defines, describes, regulates, and creates legal rights and obligations
Term
procedural law
Definition
law that establishes the methods of enforcing the rights established by substantive law
Term
statute of limitations
Definition
a federal or state statute setting maximum time period during which a certain action can be brought or certain rights enforced
Term
cyberlaw
Definition
all laws governing electronic communications and transactions, particularly those conducted via the internet
Term
civil law
Definition
spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person's right are violated
Term
criminal law
Definition
has to do with wrongs committed against society for which society demands redress
Term
national law
Definition
law of a particular nation
Term
international law
Definition
law that governs relations among nations
Term
federal form of government
Definition
a system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Term
commerce clause
Definition
the provision in the U.S. constitution that gives congress the power to regulate interstate commerce
Term
police powers
Definition
powers possessed by the states as part of their inherent sovereignty, these may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
Term
supremacy clause
Definition
requirement in the constitution that provides that the U.S. constitution, laws, and treaties are "the supreme law of the Land" 
Term
preemtion
Definition
a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
Term
The First Amendment
Definition
guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government
Term
The Second Amendment
Definition
guarantees the right to keep and bear arms
Term
The Third Amendment
Definition
prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent
Term
The Fourth Amendment
Definition
prohibits unreasonable searches and seizures of persons or property
Term
The Fifth Amendment
Definition

guarantees the rights to indictment by grand jury, to due process of law, and to fair payment when private property is taken for public use. prohibits self-incrimination and double jeopardy

 

Term
The Sixth Amendment
Definition
guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counsel
Term
The Seventh Amendment
Definition
guarantees the right to a trial by jury in a civil case involving at least twenty dollars
Term
The Eight Amendment
Definition
prohibits excessive bail and fines, as well as cruel and unusual punishment
Term
The Ninth Amendment
Definition
establishes that the people have rights in addition to those specified in the constitution
Term
The Tenth Amendment
Definition
establishes that those powers neither delegated to the federal government nor denied to the states are reserved for the states
Term
symbolic speech
Definition
gestures, movements, articles of clothing, and other forms of expressive conduct
Term
commercial speech
Definition
which consists of communications made by business firms that involve only their commercial interests
Term
meta tags
Definition
a key word in a document that can serve as an index reference to the document
Term
filtering software
Definition
a computer program that is designed to block access to certain Web sites, based on their content
Term
establishment clause
Definition
the provision in the first amendment to the constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another
Term
free exercise clause
Definition
the provision in the first amendment to the constitution that prohibits the government from interfering with people's religious practices of forms of worship
Term
due process clause
Definition
guarantees that no person shall be deprived of life, liberty, or property without due process of law
Term
equal protection clause
Definition
no state will deny to any person within its jurisdiction the equal protection of the laws, similarly situated individuals must be treated in similar manner.
Term
Freedom of Information Act
Definition
provides that individuals have a right to obtain access to information about them collected in government files
Term
Family and Educational Rights and Privacy Act
Definition
Limits access to computer-stored records of education-related evaluations and grades in private and public colleges and universities 
Term
Privacy Act
Definition
protects the privacy of individuals about whom the federal government has information
Term
Tax Reform Act
Definition
Preserves the privacy of personal financial information
Term
Right to Financial Privacy Act
Definition
Prohibits financial institutions from providing the federal government with access to a customer's records unless the customer authorizes the disclosure
Term
Electronic Communications Privacy Act
Definition
Prohibits the interception of information communicated by electronic means
Term
Driver's Privacy Protection Act
Definition
prevents states from disclosing or selling a driver's personal information without the driver's consent
Term
Health Insurance Portability and Accountability Act
Definition
Prohibits the use of a consumer's medical information for any purpose other than that for which the information was provided, unless the consumer expressly consents to the use
Term
Financial Services Modernization Act
Definition

Prohibits the disclosure of nonpublic personal information about a consumer to an unaffiliated third party unless strict disclosure and opt-out requirements are met

(also known as Gramm-Leach-Bliley Act)

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