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LSTD
Chapter 1
35
Law
Undergraduate 2
12/07/2009

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Term
allege
Definition
to state, recite, assert or charge
Term
appellant
Definition
the party who takes an appeal from one court to another
Term
appellee
Definition
the party against whom an appeal is taken
Term
binding authority
Definition
any source of law that a court must follow when deciding a case; statutes, constitutions, and regulations
Term
case law
Definition
the rules of law announced in court decisions; includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions
Term
case on point
Definition
a previous case involving factual circumstances and issues that are similar to the case before the court
Term
civil law
Definition
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters
Term
common law
Definition
that body of law developed from custom or judicial decisions in english and U.S. courts, not attributable to a legislature
Term
constitutional law
Definition
law that is based on the U.S. constitution and the constitutions of various states
Term
court of equity
Definition
a court that decides controversies and administers justice according to the rules, principles, and precedents of equity
Term
court of law
Definition
a court in which the only remedies that can be granted are things of value such as money damages
Term
criminal law
Definition
law that defines and governs actions that constitute crimes
Term
cyberlaw
Definition
an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet
Term
historical school
Definition
a school of legal thought that emphasizes the evolutionary law and that looks to the past to discover what the principles of contemporary law should be
Term
jurisprudence
Definition
science of philosophy of law
Term
laches
Definition
the equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her own rights
Term
law
Definition
a body of enforceable rules governing relationships among individuals and between individuals and their society
Term
legal realism
Definition
based on the idea that law is just one of may institutions in society and that it is shaped by social forces and needs
Term
legal reasoning
Definition
the process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases
Term
natural law
Definition
the belief that government and the legal system should reflect universal moral and ethic principles that are inherent in human nature
Term
ordinace
Definition
a law passed by a local governing unit, such as a municipality or a county
Term
petitioner
Definition
in equity practice, a party that initiates a law suit
Term
positive law
Definition
the body of conventional, or written, law of a particular society at a particular point in time
Term
positivist school
Definition
a school of legal though whose adherents believe that there can be no higher law than a nations positive law
Term
procedural law
Definition
rules that define the manner in which rights and duties of individuals may be enforced
Term
rememdy
Definition
the relief given to an innocent party to enforce a right or compensate for the violation of a right
Term
remedy at law
Definition
a remedy available in a court of law. money damages are rewarded as a remedy at law
Term
remedy in equity
Definition
a remedy allowed in situations where a remedy at law is not appropriate
Term
respondent
Definition
in equity practice, the party who answers a bill or other proceeding
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
judges are obligated to follow the precedents
Term
statute of limitations
Definition
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
Term
substantive law
Definition
law that defines the rights and duties of individuals with respect to each other
Term
uniform law
Definition
a model law created for the states to consider adopting. If the do, it becomes a statute
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