Business Law and Legal Foundations

Vocabulary flashcards covering legal foundations, sources of law, common law doctrines, remedies, and constitutional principles from the lecture quiz review.

Administrative Law

A source of American law consisting of rules, orders, and regulations issued by government administrative agencies—such as planning departments, zoning commissions, and federal bureaus—rather than statutes enacted by legislatures.

Case Comparison in Legal Reasoning

The judicial requirement when applying a rule of law to locate previously decided cases that are as similar as possible to the facts of the case under consideration.

Common Law

A body of legal rules that develop from the decisions of courts in legal disputes, rather than a term referring to laws that are familiar to most people.

Damages

A civil remedy consisting of a monetary award granted to a party (such as a plaintiff in a breach-of-contract lawsuit) to provide relief for a legal wrong.

Sources of Law

Legally binding authorities such as statutes enacted by Congress and regulations issued by administrative agencies, excluding instructions issued by private associations, internal employer memos, or news stories.

Scope of Business Law Regulation

Government laws and regulations that govern foundational business activities, including hiring and firing decisions, manufacturing and marketing products, and obtaining business financing.

Injunction

An equitable court order requiring a party to do or to refrain from doing a particular act.

Local Legislative Measure

An official act by a local governmental body (such as a property tax measure approved by a regional commission) that constitutes an enforceable source of law, unlike published academic legal research.

Stare Decisis

A foundational doctrine in a common law system where judges generally follow established legal precedents unless there is a compelling reason to overturn them.

Stability and Predictability of Law

Essential characteristics of the legal system necessary for businesses to reliably plan and carry out commercial activities.

Constitutional Conflict Rule

The constitutional principle dictating that when a provision of a state constitution conflicts with a provision in the U.S. Constitution, the U.S. Constitution will be enforced and the state provision will not.

Uniform Commercial Code (UCC)

A standardized set of statutory rules governing commercial transactions among wholesale distributors, retail sellers, and consumers across states.

Criminal Law

The branch of law concerned with wrongs committed against the public as a whole, rather than private disputes between individuals.

Departure from Precedent

The rare circumstance where a court refuses to adhere to or overrules a prior legal precedent because a compelling reason warrants doing so.

Plaintiff

The party who initiates a lawsuit against another party in court, seeking a remedy or an order compelling performance.

Statutory Law

The body of law enacted by legislative bodies, which includes state and federal statutes as well as local county and city ordinances.

Citation

A legal reference that identifies the specific publication in which a legal authority or court decision can be found.

Qualified Privilege to Communicate on Matters of Public Interest

A legal defense—exemplified in Rosa and Raymond Parks Institute for Self-Development v. Target Corp.—protecting the sale of commercial items and mementoes that chronicle historical figures (such as Martin Luther King, Jr.) because they address matters of public interest.