Legal Environment: Chapter One - Book Vocabulary

Adjudicate

to render a judicial decision

Adjudication

the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency’s regulations

Administrative Agency

a federal, state, or local government agency created by the legislature to perform a specific function

Administrative Law

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

Administrative Law Judge

one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

Administrative Process

the procedure used by administrative agencies in fulfilling their basic function: rulemaking, enforcement, and adjudication

Allege

to state, recite, assert, or charge

Binding Authority

any source of law that a court MUST follow when deciding a case

Case Law

the rules of law announced in court decisions (interprets statutes, regulations, and constitutional provisions, and governs all areas not covered by statutory or administrative law

Case 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

Civil Law System

a system of law derived from Roman law that is based on codified laws, rather than on case precedents

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/justices who agree with the majority but want to make/emphasize a point that was not made/emphasized in the majority’s opinion

Constitutional Law

the body of law derived from the U.S. Constitution and the constitutions of the various states

Criminal Law

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

Cyberlaw

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

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/justices who disagree with the majority’s decision

Enabling Legislation

a statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created

Equitable Maxims

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

Historical School

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

International Law

the law that governs relations among nations

Interpretive Rules

nonbinding rules/policy statements issued by an administrative agency that explain how it interprets and intends to apply the statutes in enforces

Jurisprudence

the science or philosophy of law

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 the social and economic circumstances should also be taken into account

Legal Reasoning

the process of reasoning by which a judge harmonizes their opinion with the judicial decisions in previous cases

Legislative Rules

an administrative agency rule that carries the same weight as a congressionally enacted statute

Liability

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

Majority Opinion

a court opinion that represents the view of the majority (more than half) of the judges or justices deciding the case

National Law

law that pertains to a particular nation (as opposed to international law)

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

Ordinance

a regulation enacted by a city or county legislative body that becomes part of that city’s or county’s statutory law

Per Curiam Opinion

a court opinion that does not indicate which judge/justice authored the opinion

Persuasive Authority

any legal authority/source of law that a court may look to for guidance but need not follow when making its decision

Plaintiff

one who initiates a lawsuit

Plurality Opinion

a court opinion that is joined by the largest number of the judges/justices hearing the case, but less 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

Primary Source of Law

a source that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

Procedural Law

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

Remedy

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

Rulemaking

the process by which an administrative agency formally adopts a new regulation or amends or removes an old one

Secondary Source of Law

a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

Stare Decisis

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

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

model laws developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute