Legal Environmental Business-Chapters 1-3

What is Administrative Regulations?

What are the rules made by state and federal administrative agencies?

What is Case Law?

What is the law that includes principles that are expresses for the first time in court decisions?

What is Civil Law?

What are the laws that define the rights of one person against another?

What is Common Law?

What is the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts?

What is Constitution?

What is the body of principles that establishes the structure of a government and the relationship of the government to the people who are governed?

What is Criminal Law?

What are the laws that define wrongs against society?

What is Duty?

What is the obligation of law imposed on a person to perform or refrain from performing a certain act?

What is Equity?

What is the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England?

What is Law?

What is the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them?

What is Precedent?

What is a decision of a court that stands as the law for a particular problem in the future?

What is Private Law?

What are the rules and regulations parties agree to as part of their contractual relationships?

What is Procedural Law?

What is the law that must be followed in enforcing rights and liabilities?

What is Right?

What is the legal capacity to require another person to perform or refrain from an action?

What is Right of Privacy?

What is the right to be free from unreasonable intrusion by others?

What is Stare Decisis?

What is “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future?

What is Statutory Law?

What are the legislative acts declaring, commanding, or prohibiting something?

What is Substantive Law?

What is the law that defines rights and liabilities?

What is Admissability?

What is the quality of the evidence in a case that allows it to be presented to the jury?

What is Affirm?

What is action taken by an appellate court that approves the decision of the court below?

What is Answer?

What is what a defendant must file to admit or deny facts asserted by the plaintiff?

What is Appeal?

What is taking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct?

What is Appellate Jurisdiction?

What is the power of a court to hear and decide a given class of cases on appeal from another court or administrative agency?

What is Arbitration?

What is the settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound?

What is Association Tribunal?

What is a court created by a trade association or group for the resolution of disputes among its members?

What is Attorney-Client Privilege?

What is the right of individual to have discussions with his/her attorney kept private and confidential?

What is Complaint?

What is the initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant?

What is Court?

What is a tribunal established by government to hear and decide matters properly brought to it?

What is Cross-Examination?

What is the examination made of a witness by the attorney for the adverse party?

What is Defendant?

What is the party charged with a violation of civil or criminal law in a proceeding?

What is Demurrer?

What is a pleading to dismiss the adverse party’s pleading for not stating a cause of action or a defense?

What is Deposition?

What is the testimony of a witness taken out of court before a person authorized to administer oaths?

What is Direct Examination?

What is examination of a witness by his or her attorney?

What is Directed Verdict?

What is a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action?

What is Discovery?

What are procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation?

What is En Banc?

What is the term used when the full panel of judges on the appellate court hears a case?

What is Execution?

What is the carrying out of a judgment of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgment creditor?

What is Expert Witness?

What is one who has acquired special knowledge in a particular field as through practical experience or study, or both, whose opinion is admissible as an aid to the trier of fact?

What is Federal District Courts?

What is a general trial court of the federal system?

What is Garnishment?

What is the name given in some states to attachment proceedings?

What is General Jurisdiction?

What is the power to hear and decide most controversies involving legal rights and duties?

What is Impeach?

What is using prior inconsistent evidence to challenge the credibility of a witness?

What is Instructions?

What is a summary of the law given to jurors by the judge before deliberation begins?

What is Interrogatories?

What are written questions used as a discovery tool that must be answered under oath?

What is Judge?

What is the primary officer of the court?

What is Judgement non obstante veredicto?

What is a judgment entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgment should be entered the opposite of the verdict?

What is Jurisdiction?

What is the power of a court to hear and determine a given class of cases; the power to act over a particular defendant?

What is Jury?

What is a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them?

What is Limited (Special) Jurisdiction?

What is the authority to hear only particular kinds of cases?

What is Mediation?

What is the settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case?

What is Minitrial?

What is a trial held on portions of the case or certain issues in the case?

What is Mistrial?

What is a court’s declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct?

What is Motion for Summary Judgement?

What is the request that the court decide a case on basis of law only because there are no material issues disputed by the parties?

What is Motion to Dismiss?

What is a pleading that may be filed to attack the adverse party’s pleading as not stating a cause of action or a defense?

What is Opening Statements?

What is the statements by opposing attorneys that tell the jury what their cases will prove?

What is Original Jurisdiction?

What is the authority to hear a controversy when it is first brought to court?

What is Plaintiff?

What is the party who initiates a lawsuit?

What is Pleadings?

What are the papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indication of the nature of the issues?

What is Process?

What is the paperwork served personally on a defendant in a civil case?

What is Prosecutor?

What is the party who originates a criminal proceeding?

What is Recross-Examination?

What is an examination by the other side’s attorney that follows the redirect examination?

What is Redirect-Examination?

What is questioning after cross-examination, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross-examination?

What is Reference to a Third Person?

What is the settlement that allows a nonparty to resolve the dispute?

What is Remand?

What is the term used when an appellate court sends a case back to trial court for additional hearings or a new trial?

What is Rent-A-Judge Plan?

What is dispute resolution through private courts with judges paid to be referees for the cases?

What is Requests for Production of Documents?

What is the discovery tool for uncovering paper evidence in a case?

What is Reverse?

What is the term used when the appellate court sets aside the verdict or judgment of a lower court?

What is Reversible Error?

What is an error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court?

What is Small Claims Courts?

What are courts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves?

What is Subject Matter Jurisdiction?

What is the judicial authority to hear a particular type of case?

What is Summary Jury Trial?

What is a mock or dry-run trial for parties to get a feel for how their cases will play to a jury?

What is Summations?

What is the attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury?

What is Voir Dire Examination?

What is the preliminary examination of a juror or a witness to ascertain fitness to act as such?

What is Writ of Certiorari?

What is the U.S. Supreme Court granting a right of review by the court of a lower court decision?

What is Business Ethics?

What is balancing the goal of profits with values of individuals and society?

What is Civil Disobedience?

What is the term used when natural law proponents violate positive law?

What is Conflict of Interest?

What is the conduct that compromises an employee’s allegiance to that company?

What is Entitlement Theory?

What is another name for Nozick’s theory that we all have certain rights that must be honored and protected by government?

What is Ethical Egoism?

What is the theory of ethics that we should all act in our own self-interest; the Ayn Rand theory that separates guilt from acting in our own self-interest?

What is Ethics?

What is a branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct?

What is Integrity?

What is the adherence to one’s values and principles despite the costs and consequences?

What is Kant’s Categorical Imperative?

What is a standard of ethics that requires that we avoid one-sided benefit for us as a result of the conduct or decision?

What are Moral Relativists?

What are those who make decisions based on circumstances and not on the basis of any predefined standards?

What is Natural Law?

What is a system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by man’s rational intelligence?

What is Positive Law?

What is law enacted and codified by governmental authority?

What is Primum Non Nocere?

What term means “above all, do no harm?”

What is Rights Theory?

What is Nozick’s theory of ethics that we all have a set of rights that must be honored and protected by government?

What is Social Contract?

What is the agreement under Locke and Rawls as to what our ethical standards will be?

What is Stakeholder Analysis?

What is the term used when a decision maker views a problem from different perspectives and measures the impact of a decision on various groups?

What are Stakeholders?

What are those who have a stake, or interest, in the activities of a corporation; including employees, members of the community in which the corporation operates, vendors, customers, and any others who are affected by the actions and decisions of the corporation?

What is Theory of Justice?

What is the Locke and Rawlsian standard for ethics that requires that we all agree on certain universal principles in advance?

What are Utilitarians?

What is the theory of ethics based on doing the most good for the most people in making decisions?