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52 Cards in this Set
- Front
- Back
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Administrative Agency
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A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts
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Administrative Law
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The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities
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Allege
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To state, recite, assert or charge
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Analogy
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In logical reasoning, an assumption that if two things are similar in some respects, they will be similar in other respects also. Often used in legal reasoning to infer the appropriate application of legal principles in a case being decided by referring to previous cases involving different facts but considered to come within the policy underlying the rule.
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Appellant
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The party who takes an appeal form 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 aside or reversing the judgement
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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, as well as court decisions that are controlling precedents within the jurisdiction
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Breach
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To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or society
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Case Law
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The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions
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Case on Point
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A previous case involving factual circumstances and issues that are similar to the case before the course
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Chancellor
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An adviser to the king at the time of the early king's courts of England. Indiviuals petitioned the king for relief when they could not obtain an adequate remedy in a court of law, and these petitions weree decided by the chancellor
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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, as opposed to criminal matters
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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, not attributable to a legislature
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Constitutional Law
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Law that is based on the U.S. Constitution and the constitutions of the various states
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Court of Equity
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A court that decides controversies and administers justce according to the rules, principles, and precedents of equity
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Court of law
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A court in which the only remedies that oculd be granted were things of value, such as money damages. In the early English king's courts, courts of law were distict from courts of equity
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Criminal Law
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Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress
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Cyberlaw
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An informal term used to refer to all laws governing electronic communications and transactions, particularly conducted via the Internet
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Damages
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Money sought as a remedy for a breach of contract or for a tortious act
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Defendant
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One against whom a lawsuit is brough; the accused person in a criminal proceeding
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Defense
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That which a defendant offers and alleges in an action or sut as a reason why the plaintiff should not recover or establish what he or she seeks
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Equitable Maxim
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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. At the federal level, executive agencies are those within the cabinet departments
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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 should be
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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 the authority of the president. Independent agency officials cannot be removed without cause
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Jurisprudence
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The science or philosophy of law
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Laches
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The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights
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Law
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A body of enforceable rules governing relationships among individuals and between individuals and their society
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Legal Realism
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A school of legal thought that was popular in the 1920's and 1930's and that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more realistic approach to the law, and the circumstances in which transactions take place. The school left a lasting imprint on American jurisprudence
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Natural Law
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The belief that government and the legal ststem should reflect universal moral and ethical principles that re inherent in human nature. The natural law school is the oldest and one of the most significant schools of legal thought
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Opinion
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A statement by the court expressing the resons for its decision in a case
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Ordinance
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A law passed by a local governing unit, such as a municipality or a county
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Petitioner
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In equity practice, a party that initiates a lawsuit
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Plaintiff
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One who initiates a lawsuit
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Positive Law
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The body of conventional, or written, law of a particular society at a particular point in time
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Positivist School
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A school of legal thought whose adherents believe that there can be no higher law than a nation's positive law- the body of conventional, or written, law of a particular society at a particular time
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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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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 a widely held societal values and (usually)expressed or implied in laws or regulations
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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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Remedy at Law
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A remedy available in a court of law. Money damages are awarded as a remedy of law
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Remedy at Equity
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A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in a equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, recission, and restitution, and reformation
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Reporter
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A publication in which a court cases ar epublished or reported
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Respondant
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In equity practice, the party who answers a bill or 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 in society
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Stare Decisis
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A common law doctrine under which judges are obigated to follow the precedents established in prior decisions
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Statute of Limitations
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A dederal or state statute setting the miximum time period during which a certain action ban be crought or certain rights enforced
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Statutory Law
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The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
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Substantive Law
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Law that difines the rights and duties of individuals with respect ot each other, as opposed to procedural law, which defines the manner in which these rights and duties may be enforced
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Syllogism
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A formof ductive reasoning consisting of a jafor premise, a minor 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 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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