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239 Cards in this Set
- Front
- Back
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adjudicate
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to render a judicial decision
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administration agency
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a federal or state government agency established to perform a specific function
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administrative law
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the body of law created by administrative agencies in order to carry out their duties and responsibilities
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administrative law judge (ALJ)
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one who presides over an administration agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact
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administrative process
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the process used by administrative agencies in the administration of law
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Bill of Rights
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the first 10 amendments of the US constitution
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binding authority
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any source of law that a court must follow when deciding a case
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case law
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the rules of law announced in court decisions
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citation
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a reference to a publication in which a legal authority such as a statue 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, or opposed to criminal matters
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commerce clause
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the provision in Article 1, section 8, of the US constitution that gives Congress the power to regulate interstate commerce
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common law
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the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature
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constitutional law
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the body of derived from the US Constitution and the constitutions of the various states
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criminal law
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law that defines and governs actions 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. particularly those conducted via the internet
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defendant
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one against whom a lawsuit if brought: the accused person in the criminal proceeding
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due process clause
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the provisions in the 5th and 14th amendments to the constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law
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enabling legislation
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a statue enacted by Congress that authorizes the creation of an administrative agency and specifies the name, compositions, purpose, and powers of the agency being created
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equal protection clause
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the provision in the 14th amendment to the constitution that guarantees that no state will "deny to any person within its jurisdiction the protection of the laws"
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equitable principles and maxims
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general propositions or principles of law that have to do with fairness
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establishment clause
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the provision in the 1st amendment to the constitution that prohibits the government from establishing any state-sponsored religion or enacting any laws that promote or favors one religion over another
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executive agency
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an administrative agency within the executive branch of the government
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federal form of government
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a system of government in which the states form a union and the sovereign power is divided between the central government and the members of states
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filtering software
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a computer program that includes a pattern through which data are passed
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free exercise clause
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the provision in the first amendment to the Constitution that prohibits the government from interfering with people's religous practices or forms of worship
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independent regulatory agency
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an administrative agency that is not considered part of the government's executive branch and is not subject to authority of the president
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international law
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the law that governs relations among nations
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jurisprudence
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the science or philosophy of law
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law
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a body of enforceable rules governing the relationships among individuals and between individuals and their society
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national law
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law that pertains to a particular nation
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ordinance
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a regulation enacted by a city or county legislative body that becomes part of a state's statutory law
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persuasive authority
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any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision
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plaintiff
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one who initiates a lawsuit
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police powers
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powers possessed by the states as part of their inherent sovereignty
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precedent
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a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
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preemption
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a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
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primary source of law
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a document that established the law on a particular issue, such as a constitution, a statue, an administrative rule, or a court decision
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procedural law
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law that establishes the methods of enforcing the rights established by substantive law
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remedy
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the relief given to an innocent party to enforce a right or compensate for the violation of a right
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rulemaking
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the process undertaken by an administrative agency when formally adopting a new regulation or amending an old one
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secondary source of law
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a publication that summarizes or interprets the law, such as legal encyclopedia, a legal treatise, or an article in a law review
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stare 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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statue of limitations
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a federal or state statue setting the maximum 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, describes, regulates, and creates legal rights and obligations
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supremacy clause
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the provision in Article 6 of the Constitution that provides that the Constitution, laws, and treaties of the US are "the supreme law of the land"
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symbolic speech
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nonverbal expressions of belief
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business ethics
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ethics in a business context, a consensus of what constitutes right or wrong behavior in the world of business and the application of moral principles to situatins that arise in a business setting
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categorical imperative
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a concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior
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cost-benefit analysis
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a decision-making technique that involves weighing the costs of a given action against the benefits of that action
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ethical reasoning
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a reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand
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ethics
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moral principles and values applied to social behavior
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GAAP
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the conventions, rules, and procedures necessary to define accepted accounting practices at a particular time
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GAAS
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standards concerning an auditor's professional qualities and the judgement exercised by him or her in the performance of an examination and report
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moral minimum
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the minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law
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principle of rights
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the principle that human beings have certain fundamental rights (life, liberty and the of happiness)
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utilitarianism
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an approach to ethical reasoning that evaluates behavior not on the basis of any absolute ethical or moral values but on the consequences of that behavior for those who will be affected by it
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alternative dispute resolution (ADP)
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the resolution of disputes in ways other than those involved in the traditional judicial process
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answer
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procedurally, a defendant's response to the plaintiff's complaint
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arbitration
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the settling of a dispute by submitting it to a disinterested third party, who renders a decision that is legally binding
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award
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in litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages
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bankruptcy court
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a federal court of limited jurisdiction that handles only bankruptcy proceedings
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brief
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a formal legal document submitted by the attorney for the appelant or the appellee to an appellate court when a case is appealed
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complaint
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the pleading made by a plaintiff alledging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit
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concurrent jurisdiction
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jurisdiction that exists when two different courts have the power to hear a case
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counterclaim
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a claim made by a defendant in a civil lawsuit against the plaintiff
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default judgement
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a judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
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deposition
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the testimony of a party to a lawsuit or a witness taken under oath before a trial
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discovery
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a phase in the litigation process during which the opposing parties may obtain info from each other and from third parties prior to trial
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diversity of citizenship
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under article 3, section 2, of the Constitution, a basis for federal district court jurisdiction over a lawsuit between (1)Citizens of different states, (2) a foreign country and citizens of a state or of different states or (3) citizens of a state and citizens or subjects of a foreign country
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docket
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the list of cases entered on a court's calendar and thus scheduled to be heard by the court
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early neutral case evaluation
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a form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties position
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e-evidence
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a type of evidence that conisets of computer-generated or electronically recorded info, including email, voicemail, spreadsheets, word processing docs, and other data
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exclusive jurisdiction
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jurisdicition that exists when a case can be heard only in a particular court or type of court
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federal question
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a question that pertains to the US constitution, acts of Congress, or treaties
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interrogatories
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a series of written questions for which written answers are prepared, usually with the assistance of the party's attorney, and then signed under oath by a party to a lawsuit
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judicial review
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the process by which a court decides on the constitutionality of the legislative enactments and actions of the executive board
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jurisdiction
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the authority of a court to hear and decide a specific action
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justiciable controversy
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a controversy that is not hypothetical or academic, but real and substantial; requirement that must be satisfied before a court will hear a case
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litigation
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the process of resolving a dispute through a court system
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long arm statute
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a state statute that permits a state to obtan a personal jurisdiction over non-resident defendants
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mediation
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a method of settling disputes outside of court by using the service of a neutral thrid party, who acts as a communicating agent between the parties and assists them in negotiating a settlement
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mini-trial
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a private proceeding in which each party to a dispute argues its position before the otherside or vice versa
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motion for a directed verdict
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in a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support his or her claim
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motion for a new trial
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a motion aserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarraige of justice
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motion for a judgement now
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a motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous
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motion for judgement on the pleadings
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a motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleading without proceeding to trial
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motion for summary judgement
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a motion requesting the court to enter a judgement without proceeding to trial
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motion to dismiss
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a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action or that there are other grounds on which a suit should be dismissed
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negotiation
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a process in which parties attempt to settle their disputes informally, with or without attorneys to represent them
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online dispute resolution (ODR)
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the resolution of disputes with the assisstance of organizations that offer dipute resolution services via the internet
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pleadings
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statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation
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probate court
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a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate
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reply
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procedurally, a plaintiff's response to a defendant's answer
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rule of four
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a rule of the US Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ
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small claims court
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a special court in which parties may litigate small claims
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standing to sue
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the requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit
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summary jury trial (SJT)
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a method of settling disputes, used in many federal courts, in which a trial is held, but the jury's verdict is not binding
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summons
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a document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint
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venue
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the geographic district in which an action is tried and from which the jury is selected
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voir dire
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an old frech phrase meaning "to speak the truth." In legal language, the phrase refers the process in which the attorney's question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics,that may affect their ability to serve as impartial jurors
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writ of certiorar
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a writ form a higher court asking the lower court for the record of a case
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actionable
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capable of serving as the basis of a lawsuit
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actual malice
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in a defamation suit, a statement made about a public figure normally must be made with actual malice for liablity to occur
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appropriation
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in tort law, the use by one person of another person's name, likeness, or identifying characteristic without the permission and for the benefit of the user
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assualt
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any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
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assumption of risk
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a doctrine under which a plaintiff may not recover for injuries or damages suffered from risks he or she knows of and has voluntarily assume
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battery
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the unpriveleged, intentional touching of another
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business invitee
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a person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes
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business tort
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wrongful interference with another's business rights
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causation in fact
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in act or ommission without which an event would not have occured
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comparative negligence
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a rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states
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compensatory damages
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a money award equivalent to the actual value of injuries of damages sustained by the aggrieved party
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contributory negligence
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a rule in tort law that completely bars the plaintiff from recovering damages if the damge suffered is partly the plaintiff's own fault; used in a minority of states
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conversion
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wrongful taking or retaining possession of an individual's personal property and placing it in the service of another
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cyber tort
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a tort committed in cyberspace
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damages
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money sought as a remedy for a breach of contract or a tortious action
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defamation
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anything published or publicly spoken that causes injury to another's good name, reputation, or character
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defense
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a reason offered and alleged by a defendant in an action or suit as to why the plaintiff should not recover or establish what she or he seeks
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disparagement of property
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an economicall injurious fault falsehood made about another product or property
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dram shop act
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a state statue that imposes liability on the owners of bars and tavers, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
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duty of care
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the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others
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fraudulent misrepresentation
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any misrepresentations, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
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Good Samaritan Statue
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a statue stipulating that persons who provide emergency services to, or rescue someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm
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intentional tort
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a wrongful act knowingly committed
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libel
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defamation in writing or other permanent form having the quality of permanence
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malice
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a desire to cause pain, injury, or distress to another
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mal practice
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professional misconduct or the lack of the requisite degree of skill as a professional
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negligence
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the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
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negligence per se
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an action or failure to act in violation of a satutory requirement
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predatory behavior
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business behavior that is undertaken with the intention of unlawfully driving competitors out of the market
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privelege
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a legal right, exemption, or immunity granted or a class of persons
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proximate cause
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legal clause; exists when the connection between an act and an injury is strong enough to justify imposing liability
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puffery
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a salesperson's often exaggerated claims concerning the quality of property offered for sale
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punitive damages
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money damage that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
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reasonable person standard
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the standard of behavior expected ot a hypothetical "reasonable person," the standard against which negligence is measured and that must be observed to avoidability for negligence
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res ipsa loquitas
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a doctrine under which negligence may be inferred simply because a event occurred, if it is the type of event that would never occur in the absense of negligence
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slander
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defamation in oral form
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slander of quality
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the publication of false info about another's product, alleging that it is not what its seller claims
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slander of title
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the publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner
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spam
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bulk, unsolicited email
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strict liability
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liability regardless of fault. In tort law, strict liability is imposed on a manufacturer or seller that introduces into commerce a good taht is unreasonabley dangerous when in a defective condition
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tort
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a civil wrong not arising from a breach of contract
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tortfeasor
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one who commits a tort
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trade libel
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slander of quality
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trespass to land
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the entry onto, above or below the surface of land owned by another without the owner's permission or legal authorization
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trespass to personal property
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the unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property
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copyright
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the exclusive right of "authors" to publish, print, or sell an intellectual production for a statutory period of time
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cybermark
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a trademark in cyberspace
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cybersquatting
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the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner
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distributed network
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a network that can be used by persons located around the country or the globe to share computer files
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domain name
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the last part of an internet address, such as "westlaw.com"
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intellectual property
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property resulting from intellectual, creative processes
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meta tags
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words inserted into a web site's keyword file to increase the site's inclusion in search engine results
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patent
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a governemtn grant that gives an inventor the exclusive right or privelege to make, use, or sell his or her invention for a limited time period (a government sponored monopoly)
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peer to peer networking (P2P)
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the sharing of resources among multiple computers without necessarily requiring a central network server
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service mark
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a mark used in the sale or the advertising of services to distinguish the services of one person from those of others
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trade dress
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the image and overall appearance of a product- for example- the distinctive decor, menu, layout, and style of service of a particular restaurant
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trade name
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a term that is used to indicate part or all of a business's name and that is directly related to the business's reputation and goodwill
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trade secret
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info or processes that give a business an advantage over competitors that do not know the info or processes
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trademark
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a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known
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arson
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the intentional burning of another's dwelling
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beyond a reasonable doubt
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the burden of proof used in criminal cases
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burglary
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the unlawful entry or breaking into a buiding with the intent to commit a felony
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computer crime
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any act that is directed against computer and computer parts, that uses computer as instruments that uses computer computers as instruments of crime, or that involves computers and constitutes abuse
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consent
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the voluntary agreement to a proposition or an act of another; a concurrence of wills
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crime
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a wrong against society problaimed in a statute, and, if committed, punishable by society through fines and/ or imprisonment- and in some cases, death
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cybercrime
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a crime that occurs online, in the virtual community of the Internet, as opposed to to the physical world
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cyberstalker
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a person who commits the crime of stalking in cyberspace
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cyberterrorists
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a hacker whose purpose is to exploit a target computer for a serious impact, such as a program to sabotage a business
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double jeopardy
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a situation occuring when a person is tried twice for the same criminal offense; prohibited byt he 5th Amendment in the Constitution
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duress
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unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise perform
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embezzlement
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the fraudulent apporpriation of funds or other property by a person to whom the funds or property has been entrusted
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entrapment
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in criminal law, a defense in which the defendant claims that he or she was induced by a public official, usually an undercover agent or police officer to commit a crime that he or she would otherwise not have committed
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exclusionary rule
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in criminal procedure, a rule under which any evidence that is obtained in violation of the accussed's constitutional rights guaranteed by the 4th, 5th and 6th Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissable in court
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felony
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a crime such as arson, murder, rape or robbery-that carries the most severe sanctions, which range from more than one year in a state or federal prison to the death penalty
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forgery
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the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
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hacker
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a person who uses one computer to break into another
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identity theft
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the act of stealing another's identifying info-such as a name, date-of-birth or social security number and using that info to access the victim's financial resources
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insider trading
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the purchase or sale of securities on the basis of "inside info"
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larceny
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the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property
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misdemeanor
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a lesser crime than a felony, punishable by a fine or incarnation in jail for up to one year
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money laundering
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falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise-in effect "Laundering" the "Dirty Money"
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petty offense
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in criminal law, the least serious kind of criminal offense, such as a traffic or building code violation
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plea bargaining
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the process by which a defendant and the prosecutor in criminal case work out a mutally satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence
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probable cause
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reasonable ground for believing that a person should be arrested or searched
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robbery
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the act of forcefully and unlawfully taking personal property of any value from another
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search warrant
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an order granted by a public authority, such as a judge, that authorizes law enforcement personel to search particular premises or property
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self-defense
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the legally recognized privelege to protect oneself or one's property against injury by another
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self-incrimination
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the giving of testimony that may subject the testifier to criminal prosecution
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white-collar crime
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nonviolent crime committed by individuals or corporations to obtain a personal business advangtage
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adverse possession
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the acquisition of title to real property by occupying it openly, without the consent of the owner, for a period of time specified by a state statue
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condemnation
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the process of taking private property for public use through the government's pwer of eminent domain
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constructive eviction
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a form of eviction that occurs when a landlord fails to perform adequately any of the undertakings required by the lease, thereby making the tenants further use and enjoyment of the property exceedingly difficult or impossible
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conveyance
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the title of a title to land from one person to another by deed
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deed
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a doc by which title to property is passed
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easment
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a nonpossesory right to use another's property in a manner established by either express or implied agreement
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eminent domain
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the power of a government to take land for public use from private citizens for just compensation
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environmental impact statement (EIS)
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a statemtn required by the National Environmental Policy Act for any major federal action that will significantly affect the quality of the environment
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eviction
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a landlord's act of depriving a tenant of possession of the leased premises
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fee simple absolute
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an ownership interest in land in which the owner has the greatest possible aggregation of rights, privileges, and power
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fixture
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a thing that was once personal property but has become attached to real property in such a way that it takes on charateristics of real property and becomes party of that real property
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implied warranty of habitality
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an implied promise by a landlord that rented residential premises are fit for human habitation-that is, in a condition that is safe and suitable for people to live in
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leasehold estate
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an estate in realty held by a tennant under a lease
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license
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a revocable right or privelege of a person to come onto another person's land
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life estate
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an interest in land that exists only for the duration of the life of some person, usually the holder of the estate
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periodic tennacy
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a lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year
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potentially responsible party (PRP)
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a party liable for the costs of cleaning up a hazardous waste-disposal site under the Comprehenisve Environment Response, Compensation, and Liability Act (CERCLA)
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profit
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in real property law, the right to enter on and remove things from the property of another
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quitclaim deed
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a deed intended to pass any title, interest, or claim that the grantor may have in the property without warranting that such a title is valid
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recording status
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statues that allow deeds, mortgages, and other real property transactions to be recorded such as to provide notice to future purchases or creditors of an existing cliam on property
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special warranty deed
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a deed in which the grantor only warrants that the grantor or seller held good title during his or her ownership of the property and does not warrant that there were no defects of title when the property was held by previous owners
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sublease
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a lease executed by the lessee of a real estate to a 3rd person, conveying the same interest that the lessee enjoys for a shorter term than that held by the lessee
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taking
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the taking of private property by the government for public use
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tenancy at sufferance
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a type of tenancy under which a tenant who, after rightfully being in possession of leased premises, continues to occupy the property after the lease has been terminated
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tenancy at will
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a type of tenancy that either party can terminate without notice
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tenancy for years
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a type of tennacy under which property is leased for a specified period of time, such as a month, a year, or a period of years
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warranty deed
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a deed in which the grantor assures the grantee that the grantor title to the property conveyed in the deed, that there are no encumbrances on the property other than what the grantor has represented and that the grantee will enjoy quiet possession of the property; a deed that provideds the greatest amount of protection for the grantee
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wetlands
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water saturated ares of land that are designated by government agencies as protected areas that support wildlife and therefor cannot be filled in or dredged by private contractors or parties without a permit
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act of state doctrine
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a doctrine providing that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory
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choice-of-language clause
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a clause in a contract designating the official language by which the contract will be interpreted in the event of a future disagreement over the contract's terms
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choice-of-law clause
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a clause in a contract designating the law that will govern the contract
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comity
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the principle by which one nation defers and give effect to the laws and judicial decrees of another nation
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confiscation
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a government's taking of a privately owned business or personal property without a proper public purpose or an award of just compensation
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correspondent bank
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a bank in which another bank has an account for the purpose of facilitating fund transfers
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distribution agreement
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a contract between a seller and a distributor of the seller's products setting out the terms and conditions of the distributor
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dumping
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the selling of goods in a foreign country at a price below the price charged for the same goods in the domestic market
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exclusive distributorship
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a distributorship in which the seller and the distributor of the seller's products agree that the distributor has the exclusive right to distribute the seller's products in a certain geographic area
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export
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to sell products to buyers located in other countries
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expropriation
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the seizure by a government of a privately owned business of personal property for a proper public purpse and with just compensation
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force majeure clause
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a provision in a contract stipulating that certain unforseen events such as- war, political upheavels, or acts of God- will excuse a party from liability for nonperformance of contractual obligations
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foreign exchange market
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a worldwide system in which foreign currencis are bought and sold
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forum-selection clause
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a provision in a contract designating the court, jurisdiction, or tribunal that will decide any disputes arising under the contract
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international law
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the law that governs relations among nations
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letter of credit
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a written instrument, usually by a bank on behalf of a customer or other person, in which the issuer promises to honor drafts or other demands for payment by third persons in accordance with the terms of the instrument
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normal trade relations status (NTR)
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a status granted in an international treaty by a provision stating that the citizens of the contracting nations may enjoy the priveleges accorded by either party to citizens of its NTR nations
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quota
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a set limit on the amount of good that can be imported
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sovereign immunity
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a doctrine that immunizes foreign nations from the jurisdiction of US courts when certain conditions are satisfied
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tariff
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a tax on imported goods
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