Business Law For Mccabe Exam I

Front 1

Law

Back 1

A body of enforceable rules governing relationships among individuals and between individuals and their society.

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Breach

Back 2

To violate a law, by an act or an omission. Or to break a legal obligation that one owes to another person or to society.

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Constitutional law

Back 3

Law that is based on the U.S. Constitution and the constitutions of the various states.

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Statutory law

Back 4

The body of law enacted by legislative bodies.

Hint 4

As opposed to constitutional law, administrative law, or case law.

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Ordinance

Back 5

A law passed by a local governing unit, such as a municipality or a county.

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Uniform Law

Back 6

A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in the state. Each state has the option of adopting or rejecting all or part of a uniform law.

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Administrative Law

Back 7

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

Hint 7

In the form of rules, regulations, orders, and decisions.

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Administrative Agency

Back 8

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

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Executive Agency

Back 9

An administrative agency within the executive branch of government.

Hint 9

At the federal level they are those within the cabinet departments.

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Case Law

Back 10

The rules of law announced in court decisions.

Hint 10

This type of law includes the aggregate of reported cases that interpret statutes, regulations, and constitutional provisions.

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Common Law

Back 11

That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

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Defendant

Back 12

One against whom a lawsuit is brought; the accused person in a criminal proceeding.

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Plaintiff

Back 13

One who initiates a lawsuit.

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Statute of limitations

Back 14

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

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Stare decisis

Back 15

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

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Binding authority

Back 16

Any source of law that a court must follow when deciding a case.

Hint 16

These include constitutions, statues, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

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Civil law

Back 17

The branch of law dealing with the duties that exist between persons or between citizens and their government, excluding the duty not to commit crimes.

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Criminal Law

Back 18

Law that defines and governs actions that constitute crimes.

Hint 18

Generally, these have to do with wrongful actions committed against society as a whole for which society demands.

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Judicial review

Back 19

The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.

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Venue

Back 20

The geographical district in which an action is tried and from which the jury is selected.

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Writ of certiorari

Back 21

A writ from a higher court asking the lower court from the record of a case.

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Rule of four

Back 22

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve the decision to issue the writ.

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Discovery

Back 23

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trail.

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Pretrial conference

Back 24

A conference between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, and so on during the conference.

Hint 24

Scheduled before the trail begins.

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Voir dire

Back 25

In jury trails, the phrase refers to the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.

Hint 25

Old French verbs meaning “to speak the truth.”

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Motion for a new trail

Back 26

A motion asserting that the trail was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trail is necessary to prevent a miscarriage of justice.

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Checks and Balances

Back 27

Each branch of the government exercises a check on the actions of the others.

Hint 27

The national government is composed of three separate branches: the executive, the legislative, and the judicial branches.

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Preemption

Back 28

A doctrine under which certain federal laws take precedence over, conflicting state or law laws.

Hint 28

Preempt

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Bill of Rights

Back 29

The first ten amendments of the U.S. Constitution.

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Symbolic speech

Back 30

Nonverbal conduct that expresses opinions or thoughts about a subject.

Hint 30

Protected under the First Amendment's guarantee of freedom of speech.

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Product liability

Back 31

The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.

Front 32

Tort

Back 32

A civil wrong not arising from a breach of a legal duty that proximately causes harm or injury to another.

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Intentional tort

Back 33

A wrongful act knowingly committed.

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Assault

Back 34

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

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Battery

Back 35

The unprivileged, intentional touching of another.

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Trespass to land

Back 36

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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Disparagement of property

Back 37

An economically injurious false statement made about another’s product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.

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Negligence

Back 38

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

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Negligence per se

Back 39

An act (or failure to act) in violation of a statutory requirement.

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Strict liability

Back 40

Liability regardless of fault.

Hint 40

In tort law, this may be imposed on defendants in cases involving abnormally dangerous activites, dangerous animals or defective products.