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MGMT 455 Exam 1
Purdue University Business Law Unit 1
114
Law
Undergraduate 4
02/06/2012

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Term
Administrative Regulation
Definition
Rules made by state and federal administrative agencies
Term
Case Law
Definition
Law that includes principles that are expressed for the first time in court decisions
Term
Common Law
Definition
The body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts
Term
Constitution
Definition
A body of principles that establishes the structures of a government and the relationship of the government to the people who are governed
Term
Duty
Definition
An obligation of law imposed on a person to perform or refrain from performing an act
Term
Equity
Definition
The body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England
Term
Law
Definition
The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them
Term
Precedent
Definition
A decision of a court that stands as the law for a particular problem in the future
Term
Private Law
Definition
The rules and regulations parties agree to as part of their contractual relationships
Term
Procedural Law
Definition
The law the must be followed in enforcing rights and liabilities
Term
Right of Privacy
Definition
The right to be free from unreasonable intrusion by others
Term
Right
Definition
Legal capacity to require another person to perform or refrain from an action
Term
Stare Decisis
Definition
“Let the decision stand”; The principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future
Term
Statutory Law
Definition
Legislative acts declaring, commanding, or prohibiting something
Term
Substantive Law
Definition
The law that defines rights and liabilities
Term
Admissibility
Definition
The quality of the evidence in a case that allows it to be presented to the jury
Term
Affirm
Definition
Action taken by an appellate court that approves the decision of the court below
Term
Answer
Definition
What a defendant must file to admit or deny facts asserted by the plaintiff
Term
Appeal
Definition
Taking a case to a reviewing court to determine whether the judgement of the lower court to determine whether the judgement of the lower court or administrative agency was correct (Parties appellant, appellee)
Term
Appellate Jurisdiction
Definition
The power of a court to hear and decide a given class of cases on appeal from another court or administrative agency
Term
Arbitration
Definition
The settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound
Term
Association Tribunal
Definition
A court created by a trade association or group for the resolution of disputes among its members
Term
Attorney-Client Privilege
Definition
Right of individual to have discussions with his/her attorney kept private and confidential
Term
Complaint
Definition
The initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant
Term
Counterclaim
Definition
A claim that the defendant in an action may make against the plaintiff
Term
Court
Definition
A tribunal established by government to hear and decide matters properly brought to it
Term
Cross-Examination
Definition
The examination made of a witness by the attorney of the adverse party
Term
Defendant
Definition
Party charged with a violation or civil or criminal law in a proceeding
Term
Demurrer
Definition
A pleading to dismiss the adverse party’s pleading for not stating a cause of action or defense
Term
Deposition
Definition
The testimony of a witness taken out of court before a person is authorized to administer oaths
Term
Direct Examination
Definition
Examination of a witness by his or her attorney
Term
Directed Verdict
Definition
A direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
Term
Discovery
Definition
Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
Term
En Blac
Definition
The term used when the full panel of judges on the appellate court hears a case
Term
Execution
Definition
The carrying out of a judgement of a court, generally directing that property owned by the defendant to be sold and the proceeds first be used to pay the execution or judgement creditor
Term
Expert Witness
Definition
One who has acquired special knowledge in a particular field as through practical experience or study, or both, whose opinion is admissible as an aid to the trier of fact
Term
Federal District Courts
Definition
A general trail court of the federal system
Term
Garnishment
Definition
The name given in some states to attachment proceedings
Term
General Jurisdiction
Definition
The power to hear and decide most controversies involving legal rights and duties
Term
Impeach
Definition
Using prior inconsistent evidence to challenge the credibility of a witness
Term
Instruction
Definition
Summary of the law given to jurors by the judge before deliberation begins
Term
Interrogatories
Definition
Written questions used as discovery tool that must be answered under oath
Term
Judge
Definition
Primary officer of the court
Term
Judgment N.O.V.
Definition
or non obstante verdicto (notwithstanding the verdict) a judgement entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgement should be entered the opposite of the verdict
Term
Jury
Definition
A body of citizens sworn by a court to determine by verdict the issues of fact submitted to them
Term
Jurisdiction
Definition
The power of a court to hear and determine a given classes of cases the power to act over a particular defendant
Term
Judicial triage
Definition
Court management tool used by judges to expedite certain cases in which time is of the essence such as asbestos cases in which the plaintiffs are gravely ill
Term
Mediation
Definition
The settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case
Term
Minitrial
Definition
A trial held on portions of the case or certain issues in the case
Term
Plaintiff
Definition
Party who initiates a lawsuit
Term
Original Jurisdiction
Definition
The authority to hear controversy when it is first brought to court
Term
Opening Statements
Definition
Statements by opposing attorneys that tell the jury what their cases will prove
Term
Ombudsman
Definition
A government official designated by a statute to examine citizen complaints
Term
Motion to Dismiss
Definition
A pleading that may be filed to attack the adverse party’s pleading as not stating a cause of action or a defense
Term
Motion for Summary of Judgement
Definition
Request that the court decide a case on basis of law only because there are no material issues disputed by the parties
Term
Mistrial
Definition
A court’s declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct
Term
Pleadings
Definition
The papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indication of the nature of the issues
Term
Process
Definition
Paperwork served personally on a defendant in a civil case
Term
Prosecutor
Definition
Party who originates a criminal proceeding
Term
Recross-Examination
Definition
An examination by the other side’s attorney that follows the redirect examination
Term
Redirect Examination
Definition
Questioning after cross examination, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross-examination
Term
Reversible Error
Definition
An error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court
Term
Small Claims Courts
Definition
Courts that resolve disputes between parties when those disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves
Term
Special Jurisdiction
Definition
The authority to hear only particular kinds of cases
Term
Subject Matter Jurisdiction
Definition
Judicial authority to hear a particular type of case
Term
Summary Jury Trial
Definition
A mock or dry-run trial for parties to get a feel for how their cases will play to a jury
Term
Summations
Definition
The attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury
Term
Trial de Novo
Definition
A trial required to preserve the constitutional right to a jury trial by allowing an appeal to proceed as though there never had been any proper hearing or decision
Term
Voir Dire Examination
Definition
The preliminary examination of a juror of a witness to ascertain fitness to act as such
Term
Writ of Certiorari
Definition
Order by the U.S. Supreme Court granting a right of review by the court of a lower court
Term
Reverse
Definition
The term used when the appellate court sets aside the verdict or judgement of a lower court
Term
Request for Production of Documents
Definition
Discovery tool for uncovering paper evidence in a case
Term
Remand
Definition
Term used when the appellate court sends a case back to trial court for additional hearings or a new trial
Term
Rent-A-Judge Plan
Definition
Dispute resolution through private courts with judges paid to be referees for the cases
Term
Reference to a Third Person
Definition
Settlement that allows a nonparty to resolve the dispute
Term
Bedrock View
Definition
A strict constructionist interpretation of a constitution
Term
Commerce Clause
Definition
The section of the U.S. government allocating business regulation between federal and state governments
Term
Constitution
Definition
A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed
Term
Delegated Powers
Definition
Powers expressly granted to the the national government by the Constitution
Term
Due Process Clause
Definition
A guarantee of protection against the loss of property or rights without the chance to be heard
Term
Ex Post Facto Laws
Definition
A law making criminal an act that was lawful when done or increases such penalty when done. Such laws are generally prohibited by constitutional provisions
Term
Executive Branch
Definition
The branch of government (ex. the president) formed to execute the laws
Term
Federal System
Definition
The system of government in which a central government is given power to administer to national concerns while individual states retain the power to administer to local concerns
Term
Judicial Branch
Definition
The branch of government (ex. the courts) formed to interpret the laws
Term
Legislative Branch
Definition
The branch of government (ex. Congress) formed to make laws
Term
Living-Document View
Definition
The term used when a constitution is interpreted according to changes in conditions
Term
Police Power
Definition
The power to govern; the power to adopt laws for the protection of the public health, welfare, safety and morals
Term
Preemption
Definition
The federal government’s superior regulatory position over state laws on the same subject area
Term
Privileges and Immunities Clause
Definition
A clause the entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state
Term
Quasi-Judicial Proceedings
Definition
Forms of hearings n which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard
Term
Shared Powers
Definition
Powers that are held by both state and national governments
Term
Tripartite
Definition
Three-part division (of government)
Term
Bicameral
Definition
A two-house form the legislative branch of government
Term
Administrative Agency
Definition
Government body charged with administering and implementing legislation
Term
Administrative Law
Definition
Law governing administrative agencies
Term
Administrative Procedure Act
Definition
Federal law that establishes the operating rules fro administrative agencies
Term
Cease-And-Desist Order
Definition
Order issued by a court or administrative agency to stop a practice that it decides improper
Term
Consent Decrees
Definition
Informal settlements of enforced actions brought by agencies
Term
Exhaustion of Administrative Remedies
Definition
Requirement that an agency make its final decision before the parties can go to court
Term
Federal Register Act
Definition
Federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities
Term
Federal Register
Definition
Government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents that the president or Congress direct to be published
Term
Federal Register
Definition
Government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents that the president or Congress direct to be published
Term
Freedom of Information Act
Definition
Federal law permitting citizens to request documents and records from administrative agencies
Term
Informal Settlements
Definition
Negotiated disposition of a matter before an administrative agency generally without public sanctions
Term
Open Meeting Laws
Definition
Law that requires advance notice of agency meetings and public access
Term
Clayton Act
Definition
Federal law that prohibits price discrimination
Term
Divestiture Order
Definition
A court order to dispose of interests that could lead to a monopoly
Term
Market Power
Definition
The ability to control price and exclude competitors
Term
Price Discrimination
Definition
The charging practice by a seller of different prices to different buyers for commodities of similar grade and quality, resulting in reduced competition or a tendency to create a monopoly
Term
Robinson-Patman Act
Definition
A Federal statute designed to eliminate price discrimination in interstate commerce
Term
Sherman Antitrust Act
Definition
A federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activity
Term
Takeover Laws
Definition
Laws that guard against unfairness in corporate takeover situations
Term
Treble Damages
Definition
Three times the damages actually sustained
Term
Tying
Definition
The anticompetitive practice of requiring buyers to purchase one product in order to get another
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