BLW 302 UNLV Test 1

Act of State Doctrine

In international law, a theory that each government's actions are autonomous and not subject to judicial review by courts of other countries

Bilateral Treaty

A treaty between 2 countries

Brief

A document prepared by lawyers on the appeal of a case to provide the appellate court with a summary of the case and issues involved

Citation

A name given to an abbreviated description of a case; example: 355 F. Supp. 291

Civil Law

Law affecting the private rights of individuals

Code for Federal Regulations (CFR)

Series of volumes carrying the enactments of all federal regulations

Common Law

Originally the law of England after William the Conqueror; now non-statutory law and the law found in judicial precedent

Constitution

A document containing basic rights of a society and the structure of its government; cannot be changed without the approval of the society's members

Criminal Law

Laws on wrongs against society

Equity

Portion of the law that originated to afford remedies when money damages were not appropriate; now courts can award money, equity, or both

Executive Order

Laws of the executive branch; set policies for administrative workers and contracts

Injunction

Equitable Remedy in which courts order or enjoin in a particular activity

Jurisprudence

The philosophy of law

Justice Theory

Theory of jurisprudence that allows only those laws that offer fairness, equality, and opportunity

Multilateral Treaty

A treaty between several nations

Natural Law Theory

Laws/principles that exist without being written; supreme laws that cannot be circumvented; also known as Divine Command Theory

Order Theory

Theory of jurisprudence that provides that only laws that serve to create and preserve order are valid; allows laws that control behavior or provide conduct guidelines

Ordinance

Laws of a city, town, or county

Party Autonomy

Rights of parties to determine privately their choice of law

Power Theory

Theory of jurisprudence that the law is whatever those in charge say the law is; "law comes from power"

Private Law

Law of contracts and intrabusiness law such as personnel rules

Procedural Law

Law that provides means for enforcing law

Public Law

Law passed by some government agency

Stare Decisis

"Let the decision stand;" doctrine of following or distinguishing case precedent

Substantive Law

Law that gives rights and responsibilities to individuals

Uniform Commercial Code (UCC)

Adopted in 49 states governing sales contracts for goods, commercial paper, security interests, documents of title, and security transfers

Uniform Law

Series of laws drafted by groups of business people, law professors, and lawyers; adopted and codified by states to help attain a more uniform commercial law

United States Code (USC)

Statutory volumes of congressional enactments

Universal Treaty

Treaty accepted and recognized by all countries; example: The Warsaw Convention on Air Travel

Blanchard-Peale Model

Model for resolution of ethical dilemma that asserts any proposed conduct must first be in compliance with the law

Categorical Imperative

Kant's Golden Rule; "Do unto others as you would have them done unto you"

Divine Command Theory

Also known as Natural Law Theory; law or principle of behavior that exists without being written without being circumvented

Ethical Culture

Ethical tone of a company that can be enhanced by factors such as having a code of ethics, a means for employees to report misconduct anonymously, and sanctions and terminations for those employees and officers who violate the law and company rules

Ethical Standards

Standards of behavior beyond legal requirements and grounded in various theories related to definition of ethics

Front-Page-of-the-Newspaper Test

An ethical model that requires only that a decision-maker envision how a reporter would describe a decision on the front page of a newspaper

Moral Relativism

Ethical theory holding that there is no absolute right or wrong and that right and wrong vary according to circumstances

Nash Model

A series of questions developed by business ethicist Laura Nash, that business managers should ask themselves as they evaluate their ethical dilemmas; model forces managers to seek additional perspectives as decisions are evaluated

Positive Law

Also known as codified law; law created and enforced by government entities

Rationalizations

Psychological tools used to achieve comfort with conduct that has ethical implications

Rights Theory

Theory that human rights cannot be infringed and the government's job is to enforce those rights

Sarbanes-Oxley Act of 2002

Act passed by Congress to restore public confidence and trust in the financial statements of companies

Social Contract

Implied understanding of appropriate conduct and interrelationships

Social Responsibility

Theory of corporate social responsibility under which managers serve society by being accountable to society, not shareholders

Stakeholders

Those affected by a business's decisions

Theory of Justice

School of ethical thought as the foundation for analyzing answers about ethical dilemmas

Tone at the Top

Tone of ethical culture set by actions of officers and executives that show they "walk the talk" about ethics

Utilitarianism

Also known as the greatest principle; requires individuals to act in the best interest of the most people

Wall Street Journal Model

A resolution of ethical dilemmas that consists of compliance, contribution, and consequences

Affirm

Action taken by an appellate court on an appealed case; the effect is that the court upholds the lower court's decision

Alternative Dispute Resolution (ADR)

Means other than litigation used to resolve disputes and claims; includes arbitration, mediation, and negotiated settlements

Answer

Pleading filed by the defendant in a lawsuit; contains the defendant's version of the basis of the suit, counterclaims, and denials

Appellant

The name on appeal for the party who appeals a lower court's decision

Appellate Brief

Lawyer's summation of issues of law and/or error for appellate court to consider

Appellate Court

A court of appeals or a court of review; a court whose function is to review the decision and actions of a trial court; does not hear witnesses; only reviews the transcript and studies the arguments and briefs of the parties

Appellee

The name on appeal for the party who won a lower court's decision; the party who does not appeal the lower court's decision

Attorney-Client Privilege

Protection of client's disclosures to his or her attorney; attorney cannot disclose information the client offers (exception if client tells attorney he is GOING to commit a crime); the confession of a crime already committed cannot be disclosed by the lawyer

Binding Arbitration

Arbitration from which there is no judicial appeal

Brief

Document prepared by lawyers on the appeal of a case to provide the appellate court with a summary of the case and the issues involved

Burden of Proof

The responsibility of the party for providing the facts needed to recover in a lawsuit

Class Action Suit

In civil law, a suit by a group of plaintiffs with the same claims; generally used in antitrust and securities lawsuits

Closing Argument

The summary attorneys give to the jury before it deliberates and after all the evidence has been presented

Complaint

The first pleading in a lawsuit; the document that outlines the plaintiff's allegations against the defendant and specifies the remedies sought; with respect to federal agencies, can also be a formal change of rules or statutory violations by a company or an individual

Concurrent Jurisdiction

Authority of more than one court to hear a case

Counterclaim

Pleading in a lawsuit in which the defendant makes allegations against the plaintiff in response to the plaintiff's complaint

County Court

Lesser trial court that hears smaller disputes and misdemeanor cases; for example, justice of the peace in court in many states

Cross-Examination

Questioning by opposing parties of a witness in court; defendant cross-examines plaintiff's witnesses and plaintiff cross-examines defendant's witnesses

Default

Judgment entered when the defendant fails to file an answer in a lawsuit

Defendant

The party who is alleged to have committed a wrong in a civil lawsuit; the charged party in criminal prosecutions

Deposition

Form of discovery in which witnesses or parties can be questioned under oath in recorded testimony outside the courtroom

Derivative Suit

Lawsuit brought on behalf of another through the other's rights; for example, a shareholder suing to enforce a corporation's rights

Direct Examination

Term that describes a party's questioning of that party's witness

Directed Verdict

Verdict entered by judge upon motion of a party after the presentation of either side's case; can be entered if the plaintiff has not met his burden of proof or if the defendant fails to rebut the plaintiff's case

Discovery

Process occurring before a trial that involves each side's investigation of the case, the evidence, and the witnesses; consists of depositions, interrogatories, requests for admissions and productions, and so on

Dissenting Opinion

In an appellate court's review of a case, an opinion written by a judge who disagrees with the decision of the majority of the court

Diversity of Citizenship

A term referring to a requirement for federal court jurisdiction that plaintiff and defendant must be citizens of different states

Exclusive Jurisdiction

Authority granted to only one court for particular types of cases

Federal Circuit

Geographic grouping of the federal district courts for purposes of appellate jurisdiction

Federal District Courts

The trial court of the federal system

Hearsay

Testimony about the statements of another; often inadmissible evidence in a trial

Hung Jury

Term used to describe a jury unable to come to a verdict

In Personam Jurisdiction

Jurisdiction over the person; type of jurisdiction court must require a party to appear before it

In Rem Jurisdiction

Jurisdiction over the thing; a method whereby a court obtains jurisdiction by having property or money located within its geographic jurisdiction

Instructions

Explanation of the law applicable in a case given to the jury at the end of the evidence and arguments

International Court of Justice (ICJ)

Voluntary court in the international system of law; nonbinding decisions

Interrogatories

Discovery tool that involves asking written questions that require response by parties in a case

Judge

Elected or appointed government official responsible for supervising trials, hearing appeals, and ruling on motions

Judgment NOV

Judgment non obstante veredicto: a judgment notwithstanding the verdict; a judgment issued by the judge after the jury has rendered a verdict; a trial court's reversal of a jury's decision on the grounds that the verdict was against the weight of evidence

Judicial Review

Review by appellate court of decisions and actions of a lower court to determine whether reversible errors in procedure or law were made

Jurisdiction

The concept of authority of a court to settle disputes

Justice of the Peace Court

Lower court generally handling traffic citations and other lesser civil matters

Lawyer

A licensed professional who serves as a representative for another in private negotiations and in judicial and other types of legal proceedings

Limited Jurisdiction

Specialty courts that have only limited authority over certain types of cases with distinct subject matter; example: probate courts have limited jurisdiction over probate matters only

Long-Arm Statute

Statutes in each state that allow the state courts to bring in defendants from outside the state so long as they have some "minimum contact" with the state

Mediation

Alternative dispute resolution mechanism in which a third party is brought in to find a common ground between the two disputing parties

Minimum Contacts

Standard used for determining in personam jurisdiction over residents outside the state of the court of litigation; nonresident defendants must have some contact with the state to justify a court taking jurisdiction

Minitrial

Method of alternative dispute resolution in which the officers of two firms in a dispute listen to the key evidence in a case to see if a settlement can be determined

Modify

An option for an appellate court in its review of a lower court case; an action that is something less than reversing a decision but something more than simply affirming it; for example, an appellate court could agree with the verdict but modify the judgment amount or the remedy

Motion for Judgment on the Pleadings

A motion made to dismiss a suit for failure by the plaintiff to establish a cause of action in the pleadings

Motion for Summary Judgment

A motion made for final disposition of a case in which there is no dispute of facts and only a dispute of law and its application

Nonbinding Arbitration

Arbitration in which the decision is not final, that is, the parties can still take the matter to court