Biz Law Ch. 1

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Administrative Agency

Back 1

A federal, state or local government agecy established to perform a specific function.

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Administrative Law

Back 2

The body of law created by administrative agencies (in form of rules, regulations, orders, and decisions) in order to carry out their duties.

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Allege

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To state, recite, assert, or change.

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Analogy

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In logical reason, an assumption that if two things are similar in some respects thery will be similar in other respects. Often used in legal reasoning to infer the appropriate application of legal principles.

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Appellant

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The party who takes an appeal from one court to another

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Appellee

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The party against whom an appeal is taken that is the party who opposes setting asideor reversing the judgment.

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Binding Authority

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Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided.

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Breach

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To violate a law, or break a legal obligation to another person or to society.

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Case Law

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The rules of law announced in court decisions.

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Case on Point

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A previous case involving factual circumstances and issues that are similar to those in the case before the court.

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Citation

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A reference to a publication in which a legal authority such as a statute or a court decision or other source can be found

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Civil Law

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The branch of law dealing with the definition and enforcement of all private or public rights

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Common Law

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The body of law developed from custom or judicial decisions in English and U.S courts.

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Constitutional Law

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Law that is based on the U.S constitution

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Court of Equity

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A court in which the only remedies that could be granted were things of value, such as money damages.

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Criminal Law

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Law the defines and governs action that constitute crimes.

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Cyberlaw

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An informal term used to refer to all laws governing electronic communications and transactions

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Damages

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Money sought as a remedy for a breach of contract

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Defendant

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One against whom a lawsuit is brought

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Defense

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Reasons that a defendant offers in an action or suit as to why the plantiff should not obtain

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Equitable Maxims

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General propositions or principles of law that have to do with fairness

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Executive Agency

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An administrative agency within the executive branch of government

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Historical School

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A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law.

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Independent Regulatory Agency

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An administrative agency that is not considered part of the gov executive branch and is not subject to the authority of the president

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Jurisprudence

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The science of philosophy of law

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Laches

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The equitable doctrine that bars a party rights to legal action of the party has neglected for an unreasonable length of time

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Law

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A body of enforceable rules governing relationships amoung individuals and between individuals

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Legal Realism

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A school of legal thought that was popular in the 1920's and that challenged many existing jurisprudential assumptions.

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Legal Reasoning

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The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases

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Natural Law

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The belief that gov and the legal system should reflect universal moral and ethical principles that are inherent in human nature

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Opinion

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A statement by the court expressing the reason for its decision in a case

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Ordinance

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A law passed by a local governing unit

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Petitioner

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A party that initiates a lawsuit

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Plaintiff

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One who initiates a lawsuit

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Precedent

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A court decision that furnishes an example or authority for deciding subsequent cases

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Procedural Law

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Rules that define the manner in which the rights and duties of individuals may be enforced

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Public Policy

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A government policy based on widely held societal values and expressed or implied i laws or regulations

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Remedy

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The relief given to an innocent party to enforce or compensate for the violation of a right

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Remedy at law

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A remedy available in a court of law. Money damages are awarded as a remedy at law

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Remedy in Equity

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A remedy allowed by courts in situations where remedies at law are not appropriate

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Reporter

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A publication in which court cases are published

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Respondent

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In equity practice, the party who answers a bill or other proceeding

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Sociological School

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A school of legal thought that views the law as a tool for promoting justice

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State Decisis

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A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

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Statute of Limitations

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A federal or state statute setting that max time period during which a certain action can be brought or certain rights enforced

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Statutory Law

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The body of law enacted by legislative bodies

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Substantive Law

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Law that defines the rights and duties of individuals with respect to each other, which defines the manner in which these rights and duties may be enforced

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Syllogism

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A form of deductive reasoning consisting of a major premise, and a conclusion

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Uniform Law

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A model law created by the National Conference of Commissioners on Uniform State Laws. If the state adopts the law it becomes statutory law in that state.