Law and Legal Reasoning - Chapter One Textbook

JMU COB 318 Chapter One Textbook Key terms & Other

Adjudicate

To render a judicial decision. Adjudication is the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency’s regulations.

Administrative Agency

A federal, state, or local government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.

Administrative Law

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

Administrative Law Judge (ALJ)

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

Administrative Process

The procedure used by administrative agencies in fulfilling their basic functions: rulemaking, enforcement, and adjudication.

Allege

To state, recite, assert, or charge.

Binding Authority

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

Case Law

The rules of law announced in court decisions. This interprets statutes, regulations, and constitutional provisions, and governs all areas not covered by statutory or administrative law.

Case on Point

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

Citation

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

Civil Law

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

Civil Law System

A system of law derived from Roman law that is based on codified laws (rather than on case precedents).

Common Law

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

Concurring Opinion

A court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion.

Constitutional Law

The body of law derived from the U.S. Constitution and the constitutions of the various states.

Criminial Law

The branch of law that defines and punishes wrongful actions committed against the public.

Cyberlaw

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.

Defendant

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

Dissenting Opinion

A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision.

Enabling Legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created.

Equitable Maxims

General propositions or principles of law that have to do with fairness (equity).

Historical School

A school of legal thought that looks to the past to determine what the principles of contemporary law should be.

International Law

The law that governs relations among nations.

Interpretive Rules

Nonbinding rules or policy statements issued by an administrative agency that explain how it interprets and intends to apply the statutes it enforces.

Jurisprudence

The science or philosophy of law.

Law

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

Legal Positivism

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.

Legal Realism

A school of legal thought that holds that the law is only one factor to be considered when deciding cases, and that social and economic circumstances should also be taken into account.

Legal Reasoning

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

Legislative Rules

An administrative agency rule that carries the same weight as a congressionally enacted statute.

Liability

The state of being legally responsible (liable) for something, such as a debt or obligation.

Majority Opinion

A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.

National Law

Law that pertains to a particular nation (as opposed to international law).

Natural Law

The oldest school of legal thought, based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.

Ordinance

A regulation enacted by a city or county legislative body that becomes part of that city’s or county’s statutory law.

Per Curiam Opinion

A court opinion that does not indicate which judge or justice authored the opinion.

Persuasive Authority

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Plaintifff

One who initiates a lawsuit.

Plurality Opinion

A court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number.

Precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Primary Source of Law

A source that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.

Procedural Law

Law that establishes the methods of enforcing the rights established by substantive law.

Remedy

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

Rulemaking

The process by which an administrative agency formally adopts a new regulation or amends or removes an old one.

Secondary Source of Law

A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.

Stare Decisis

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

Statutory Law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

Substantive Law

Law that defines, describes, regulates, and creates legal rights and obligations.

Uniform Laws

Model laws developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute.