Law and Legal Reasoning - Vocabulary

Flashcards covering key vocabulary from Chapter 1: Law and Legal Reasoning.

Liability

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

Ethics

The principles governing what constitutes right or wrong behavior.

Constitutional law

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

Statutory law

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

Ordinances

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

Uniform law

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.

Administrative law

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

Administrative agency

A 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.

Executive agency

An administrative agency within the executive branch of government.

Independent regulatory agency

An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president.

Case law

The rules of law announced in court decisions.

Common law

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

Remedy

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

Court of law

A court in which the only remedies that can be granted are things of value, such as money damages.

Remedy at law

A remedy available in a court of law.

Damages

A monetary award sought as a remedy for a breach of contract or a tortious act.

Court of equity

A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.

Remedy in equity

A remedy allowed by courts in situations where remedies at law are not appropriate.

Breach

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.

Precedent

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

Reporter

A publication in which court cases are published, or reported.

Stare decisis

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

Binding authority

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

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.

Legal reasoning

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

Case on point

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

Substantive law

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

Procedural law

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

Civil law

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

Criminal law

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

Cyber law

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

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.

Appellant

The party who takes an appeal from one court to another.

Appellee

The party against whom an appeal is taken—that is, the party who opposes setting aside or reversing the judgment.

Opinion

A statement by a court expressing the reasons for its decision in a case.

Unanimous opinion

A court decision that represents the views of all the judges or justices deciding the case.

Majority opinion

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

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.

Dissenting opinion

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

Plurality opinion

A 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.

Per curiam opinion

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