LEEB C1: Law and Legal Reasoning

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.

administrative law

the body of law that governs the activities of administrative agencies of governmentand includes the rules, regulations, and decisions made by these agencies in their regulatory capacity.

alleges

To state, recite, assert, or charge.

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.

• binding authority

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

• breaches

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.

• case law

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

• cases 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.

• 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

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

• courts of equity

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

• courts of law

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

• criminal law

• criminal law

• cyberlaw

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

• damages

A 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.

• dissenting opinion

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

• defense

• equitable maxims

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

• executive agencies

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

• historical school

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

• independent regulatory agencies

An 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

The science or philosophy of law.

laches

The equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.

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

(1) The process of evaluating how various laws apply to a given situation. (2) The process by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.

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.

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.

opinions

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

ordinances

A 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

A party that initiates a lawsuit.

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.

precedent

A 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

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

remedies at law

A remedy available in a court of law. Money damages are awarded as a remedy at law.

remedies in equity

A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity include injunction, specific performance, rescission and restitution, and reformation.

reporters

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

respondent

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

sociological school

A school of legal thought that views the law as a tool for promoting justice in society.

stare decisis

(pronounced stahr-ee dih-si-sis) A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions.

statutes of limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

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

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. 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.