Business Law: Law & Legal Reasoning (Terms & Concepts)

Administrative Agency

Federal or state 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

Allege

To state, recite, assert, or charge

Appellant

Party who takes an appeal from one court to another

Appellee

Party against whom an appeal is taken – that is, the party who opposes setting aside or reversing the judgement

Binding Authority

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

Breaches

Violation of a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society

Case Law

Rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law

Cases on Point

Previous case involving factual circumstances and issues that are similar to those in the case before the court

Citation

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

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

Common Law

Body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature

Concurring Opinion

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

Law that is based on the US constitution and the constitutions of the various states

Courts of Equity

Court that decides controversies and administers justice according to the rules, principles, and precedents of equity

Courts of Law

Court in which the only remedies that can be granted are things of value, such as damages. In the early English king’s courts, courts of law were distinct from courts of equity

Criminal Law

Branch of law that defines and punishes wrongful actions committed against the public

Cyberlaw

Informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet

Damages

Monetary award sought as a remedy for a breach of contract or a tortious act

Defendant

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

Defense

Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what they are seeking

Dissenting Opinion

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

Equitable Maxims

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

Executive Agencies

Administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments

Historical School

School of legal thought that looks to the past to determine what the principles of contemporary law should be

•Independent Regulatory Agencies

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

Jurisprudence

Science or philosophy of law

Laches

Equitable doctrine that bars a party’s rights to legal action if the party has neglected for an unreasonable length of time to act on their rights

Law

Body of enforceable rules governing relationships among individuals and between individuals and their society

Legal Positivism

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

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

(1) Process of evaluating how various laws apply to a given situation. (2) Process by which a judge harmonizes their opinion with the judicial decisions in previous cases

Liability

State of being legally responsible (liable) for something such as a debt or obligation

Majority Opinion

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

Natural Law

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

Opinions

Statement by a court expressing the reasons for its decision in a case

Ordinances

Law passed by a local governing unit, such as a city or a county

Persuasive Authorities

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

Per Curiam Opinion

By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice

Petitioner

In equity practice, a party that initiates a lawsuit

Plaintiff

Party that initiates a lawsuit

Plurality Opinion

Court opinion that is joined by the largest number of the judges or justices hearing the case, but fewer than half of the total number

Precedent

Court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

Procedural Law

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

Remedies

Relief given to an innocent party to enforce a right or compensate for the violation of a right

Remedies at Law

Remedy available in a court of law. Monetary damages are awarded as a remedy at law

Remedies in Equity

Remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity include injunctions, specific performance, recission and restitution, and reformation

Reporters

Publication in which court cases are published, or reported

Respondent

In equity practice, the party who answers a complaint or other proceeding

Sociological School

School of thought that views the law as a tool for promoting justice in society

Stare Decisis

Common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdiction

Statute of Limitations

Federal or State statute setting the maximum time period during which a certain action can be brought or certain rights enforced

Statutory Law

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 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 a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law