Bus Law Ch 1

Front 1

Breach

Back 1

break or fail to perform, esp contractft

Front 2

Constitutional Law

Back 2

law expressed in constitutions

Front 3

Statutory law

Back 3

laws enacted by legislative bodies at any level of government, such as the statutes passed by congress or by state legislatures

Front 4

ordinances

Back 4

statues passed by municipal or county governing units to govern matters not covered by federal or state law

Front 5

uniform laws

Back 5

model laws for states to consider adopting. NCCUSL issues these

Front 6

administrative law

Back 6

consists of rules, orders and decisions of adminstrative agencies

Front 7

administrative agency

Back 7

federal, state or local government agency estabished to perform a specific function

Front 8

executive agencies

Back 8

FDA, subject to authority of th president, who has the power to appoint and remove their officers

Front 9

independent regulatory agencies

Back 9

such as federal trade commission, the president's power is less prounounced in regard to independent agenceis, whose officer serve for fixed terms and cannot be removed without just cause

Front 10

case law

Back 10

the doctrines and principles announced in cases governs all areas not covered by statutory law or administrative law and is part of our common law tradition

Front 11

common law

Back 11

a body of general rules that applied throughout the entire english realm

Front 12

remedies

Back 12

the legal means to enforce a right or redress a wrong. if one person wronged another in some way, the king's courts could award compensation one or more of the following, land, items of value, or money

Front 13

courts of law

Back 13

remedies awarded at these courts

Front 14

damages

Back 14

an amount given to a party whose legal interests have been injured

Front 15

chancellor

Back 15

advisor to king who had power to grant new and unique remedies

Front 16

courts of equity

Back 16

where remeides in equity were given

Front 17

equitable maxims

Back 17

propositions or general statements of equitable rules

Front 18

laches

Back 18

negligence

Front 19

defense

Back 19

an argument raised by defendant (party being sued) indicating why plaintiff should not obtain the remedy sought

Front 20

plaintiff

Back 20

suing party

Front 21

petitioner

Back 21

party bringing lawsuit in an equity proceeding

Front 22

respondent

Back 22

party being sued

Front 23

statutes of limitations

Back 23

time periods for different types of cases are now usualy fixed by statues of limitations. reasonable time to act varies according to cases

Front 24

precedent

Back 24

interpretations of law that stand

Front 25

reporters

Back 25

volumes of published cases

Front 26

stare decisis

Back 26

practice of deciding new cases with reference to former decisions, or precedents

Front 27

binding authority

Back 27

any source of law that a court must follow when deciding a case, includes consititutions

Front 28

public policy

Back 28

governmental policy based on widely held societal values

Front 29

legal reasoning

Back 29

reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or cirumstances of the case

Front 30

alleges

Back 30

claims a defendant committed a tort

Front 31

cases on point

Back 31

previously decided caess that are as similar as possible to the one under consideration

Front 32

syllogism

Back 32

a logical relationship involving a major premise, a minor premise, and a conclusion

Front 33

analogy

Back 33

is to compare facts in the case at hand to the facts in previous cases and, to the extent that the patterns are similar, to apply the same rule of law to the present case.

Front 34

jurisprudence

Back 34

study of law, often refers to learning about different schools of jurisprudential thought and discovering how the approaches to law chareteristic of each school can affect judicial decision making

Front 35

natural law

Back 35

theory believe that a higher or universal law exists that applies to all human beings and that written laws should imitate these inherent principles. If a written law is unust, then it is not a true (natural) law and need not be obeyed.

Front 36

legal positivism

Back 36

belief that there can be no higher law than a nation's law

Front 37

historical school

Back 37

of legal thought emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system

Front 38

legal realism

Back 38

based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. This law is a human enterprise, and judges should take social and economic realities into account when deciding cases

Front 39

substantive law

Back 39

consists of all laws that define, describe, regulate and create legal rights and obligations

Front 40

procedural law

Back 40

consists of all laws that delineate the methods of enforcing the rights established by substantive law.

Front 41

civil law

Back 41

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 rights are violated.

Front 42

criminal law

Back 42

in contrast is concerned with wrongs committed against the public as a whole. criminal acts are defined and prohibited by local, state, or federal government statutes

Front 43

cyber law

Back 43

refers to emerging body of law that governs transactions conducted via the internet

Front 44

citation

Back 44

identifies the publication in which a legal authority such as a statute or a court decision or other source can be found

Front 45

appellant

Back 45

when a case is appealed from the original court or jurisdiction to another court or jurisdiction, the party appealing the case is called the appellant.

Front 46

appellee

Back 46

party against whom the appeal is taken

Front 47

opinions

Back 47

contain's the court's reasons for its decision, the rules of law that apply, and the judgment