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Introduction to Music Business
Legal Glossary Terms
27
Business
Undergraduate 4
10/29/2012

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Term
Accord and Satisfaction
Definition
An Agreement to accept less than is legally due in the order to complete the matter.
Term
Ad hoc
Definition
Formed for a specific purpose or appointed to solve a particular problem.
Term
Adequate remedy
Definition
A remedy awarded by a court that provides complete satisfaction in the matter.
Term
Agent
Definition
A person who is authorized to act for another through employment, contract or apparent authority.
Term
Appellant
Definition
The party who appeals a trial court decision he/she/it has lost.
Term
Appellee
Definition
The party who has won at the trial court level, but the loser (appellant) has appealed the decision to a higher court.
Term
Assignment
Definition
The act of transferring an interest in property or some right to another.
Term
Assumption of risk
Definition
1. Taking a chance in a potentially dangerous situation, or 2. Contracting to take over the risk.
Term
Audit
Definition
An examination by a trained accountant of financial records.
Term
Balance sheet
Definition
The statement of the assets and the liabilities of a business at a particular time, intended to show the overall condition of the business.
Term
Bilateral contract
Definition
An agreement in which the parties exchange promises for each to do something in the future.
Term
Breach of Contract
Definition
Failing to perform any term of a contract, written or oral, without a legitimate legal excuse.
Term
Burden of Proof
Definition
The requirement that the plaintiff show by a "preponderance of evidence" that all the facts necessary to win a judgement are presented and probably true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt."
Term
Case law
Definition
Reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents.
Term
Cause of action
Definition
The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute.
Term
Certiorari
Definition
An order of a higher court to review the decision of a lower court.
Term
Civil Liability
Definition
Potential responsibility in a lawsuit.
Term
Comparative negligence
Definition
A rule of the law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident.
Term
Compensatory damages
Definition
Damages recovered in payment for actual injury or economic loss.
Term
Complaint
Definition
The first document filed with the court by a person or entity claiming legal rights against another.
Term
Complainant
Definition
A person or entity who begins a lawsuit by filing a complaint and is usually called the plaintiff.
Term
Conclusion of fact
Definition
In a trial, the final result of an analysis of the facts presented in evidence.
Term
Conclusion of law
Definition
A judge's decision on a question of law which has been raised in trial.
Term
Consequential damages
Definition
Damages claimed and/or awarded in a lawsuit which were cause as a direct foreseeable result of wrongdoing.
Term
Consideration
Definition
1. Payment or money. 2. A benefit/value which must be bargained for between the parties, and is the essential reason for a party entering into a contract.
Term
Contributory negligence
Definition
A doctrine of common law that if a person was injured in part due to his/her own negligence, the injured party would not be entitled to collect any damages from another party who supposedly caused the accident.
Term
Controlling Law
Definition
The laws of the state which will be relied upon in interpreting or judging disputes.
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