MGT 200 Exam 1

Chapters 1-5

Law

A body of rules of action or conduct proscribed by controlling authority and having legal binding force

Jurisprudence

The science and philosophy of law that defines various approaches to the appropriate function of law and how legal doctrines should be developed and applied

Acquisition

The purchase of one company by another company

Counsel

Another term for attorney

Constitutional Law

The body of law interpreting state and federal constitutions; supreme law of the land

Statutory Law

The body of law created by the legislature and approved by the executive branch of state and federal government

Common Law

Law that has not been passed by the legislature but rather is made by the courts; based on the fundamentals of previous cases with similar facts

Administrative Law

Refers to both the law made by administrative agencies and the laws and regulations that govern the creation

Ordinances

Local statutes passed by local legislatures

Plain Meaning Rule

The principle that if the words in a statute have clear and widely understood meanings

Statutory Scheme

The structure of a statute and the format of its mandates

Legislative History

The records kept by the legislature

Citation

The special format used by the legal community to express where a statute or case law can be found

Doctrine of Stare Decisis

The principle that similar cases with similar facts under similar circumstances should have similar outcomes

Precedent

Applying the law made in previous appellate court opinions to current cases with similar circumstance; binding on the trial courts

Secondary Source

Sources of law that have no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue

Restatements of the Law

A collection of uniform legal principles focused in a particular area of the law

Model State Statutes

Statutes drafted by legal experts to be used as a model for state legislatures to adopt in their individual jurisdictions in order to increase the level of uniformity and fairness across courts in all states

Civil Laws

Laws designed to compensate parties for money lost as a result of another's conduct

Damages

Money lost as a result of another's conduct

Criminal Laws

Laws designed to protect society that result in penalties to the violator such as fines or imprisonment

Substantive Law

Laws that provide individuals with rights and create certain duties

Procedural Law

Laws that provide a structure and set out rules for pursuing substantive rights

Remedies

Judicial actions

Equitable Relief

Relief granted in the form of either specific performance (do it) or an injunction (stop doing it) when monetary damages are insufficient due to the unique or irreversible consequences of the breach

Equitable Maxims

Common law rules that guide courts in deciding cases and controversies and are intended to be broad statements of rules based on notions of fairness and justice

Public Laws

Laws derived from a government entity

Private Laws

Laws recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties

Permanence

The constitution reflects the basic principles of American society that can only be amended in extraordinary cases where a substantial majority of people agree to the amendment

Preemption

Constitutional law is supreme over all other sources of law such as federal and state statutes

Federal System

System in which a national government coexists with state governments

Preamble

The introductory part of the Constitution that states its broad objectives

Articles

The main provisions of the Constitution that set out the government's structure

Amendments

Changes made to the Constitution since its ratification

Bill of Rights

The first ten amendments to the Constitution that preserve the rights of the people from unlawful acts of government officials

Enumerated Powers

Those powers that are explicitly granted to the three branches of government in the Constitution

Commerce Clause

The constitutional clause giving Congress the exclusive power to regulate foreign commerce

Necessary and Proper Clause

The constitutional clause giving Congress the general implied authority to make laws necessary to carry out its other enumerated powers

Executive Orders

An order made by the president that carries the full force of law; issued to enforce or interpret federal statutes and treaties

Presidential Proclamation

Statement issued by the president on a ceremonial occasion or to elaborate an issue of public or foreign policy

Jurisdiction

The legal authority that a court must have before it can hear a case

Judicial Review

The power of the judiciary to declare a legislative or executive act unconstitutional

Separation of Powers

The system of checks and balances created by the Constitution whereby the three branches have unique powers that allow them to resolve conflicts among themselves

Rational Basis

The lowest level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that the law has a reasonable connection to achieving a legitimate and constitutional objective

Intermediate-Level Scrutiny

The middle level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that a regulation involves an important government objective that is furthered by substantially related means

Strict Scrutiny

The most stringent standard of scrutiny applied by courts deciding constitutional issues through judicial review when the government action is related to a fundamental right or is based on a suspect classification; upheld if the government shows a compelling need that justifies the law being enacted and no less-restrictive alternative exists

Supremacy Clause

The constitutional clause that makes clear that federal law is always supreme to any state law that is in direct conflict

Fourth Amendment

Protects individual citizens' rights to be secure in their persons

Probable Cause

A reasonable amount of suspicion supported by circumstances sufficiently strong to justify a belief that a person has committed a crime

Due Process Clause

The constitutional clause protecting individuals from being deprived of life

Due Process of Law

The constitutional principle that the government must respect the legal rights that are owed to a person according to the law

Courts

A judicial tribunal duly constituted for the hearing and adjudication of cases

Judiciary

The collection of federal and state courts existing primarily to adjudicate disputes and charged with the responsibility of judicial review

State Courts

Courts that adjudicate matters dealing primarily with cases arising from statutory

Federal Courts

Courts that adjudicate matters dealing primarily with national laws

State Trial Courts

The first courts at the state level before which the facts of a case are decided

State Appellate Courts

State-level courts of precedent

Plaintiff

The party initiating a lawsuit

Defendant

The party responding to a lawsuit and alleged by the plaintiff to have caused a wrongful act

Trial De Novo

A completely new trial

Civil Cases

Cases in which one party seeks a remedy

Criminal Cases

Cases in which the accused party is charged by the government with committing a crime

Remand

When an appellate court sends a case back to the lower court from which it came for further action consistent with the opinion and instructions of the higher court

US District Courts

Trial courts at the federal level

US Courts of Appeal

The intermediate appellate courts in the federal system

US Supreme Court

The highest federal court that not only reviews decisions of the lower federal courts but also reviews decisions of state courts that involve some issue of federal law

Writ of Certiorari

A discretionary order issued by the Supreme Court granting a request to argue an appeal; a party filing for an appeal must file a petition for writ of certiorari

Venue

A determination of the most appropriate court location for litigating a dispute

Subject Matter Jurisdiction

The court's authority over the dispute between the parties

Personal Jurisdiction

The court's authority over the parties involved in the dispute

Federal Question

Some issue arising from the Constitution

Party

A person or entity making or responding to a claim in a court

Diversity of Citizenship

Situation in which opposing parties in a lawsuit are citizens of different states or one party is a citizen of a foreign country; the case is placed under federal court jurisdiction if the amount in controversy exceeds $75

Original Jurisdiction

Jurisdiction that enables a court to be the trial court to hear the case; the case must be filed first in this court

Concurrent Jurisdiction

Situation in which two different courts each has subject matter jurisdiction to hear a case

In Rem Jurisdiction

Jurisdiction over real or personal property when the property itself is the principle subject of the lawsuit

Quasi In Rem Jurisdiction

Jurisdiction over real or personal property when the lawsuit has to do with personal liabilities not directly associated with property

In Personam Jurisdiction

Another term for personal jurisdiction

State Long-Arm Statute

State statutes intended to allow a court to reach into another state and exercise jurisdiction over a nonresident defendant due to the defendant's activities or other conduct affecting the state in which the court sits

Minimum Contacts

A legal term for when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state

Defamation

An intentional act of making an untrue public statement about a party that causes some loss to be suffered by the defamed party

Civil Litigation

A dispute resolution process in which the parties and their counsel argue their views of a civil controversy in a court of law

Standing

Requirement that

Statute of Limitations

The limit within which a lawsuit must be filed or the lawsuit will be barred forever; state law that places a time limit on the enforcement of certain contracts in order to ensure diligent enforcement

Complaint

The first formal document filed with the local clerk of courts when the plaintiff initiates a lawsuit claiming legal rights against another

Summons

Formal notification to the defendant that they have been named in the lawsuit and that their answer must be filed within a certain period of time

Answer

Defendant's formal response to each paragraph of the complaint

Counterclaim

A claim filed by a defendant who believes that the plaintiff has caused them damages arising out of the very same set of facts as articulated in the complaint

Cross-Claim

A claim filed by a defendant who believes that a third party is either partially or fully liable for the damages that the plaintiff has suffered and

Motions

A request made by either party that asks the court to issue a certain order; motions may be made before

Discovery

Process for the orderly exchange of information and evidence between the parties involved in litigation prior to trial

Depositions

Method of discovery in which a party or witness gives sworn testimony prior to trial

Interrogatory

Method of discovery in which one party submits written questions to the opposing party to gather evidence prior to trial

Request for Admissions

A set of statements sent from one litigant to an adversary for the purpose of determining what facts are in dispute and which facts both parties accept as true

Request for Production

A request aimed at producing specific items to help one party discover some important fact in the case

Pretrial Conference

A meeting between attorneys for the parties and the judge in the case several weeks prior to trial

Trial

Stage of litigation that occurs when the case cannot be settled

Bench Trial

Trial without a jury

Jury Selection

The process of asking potential jurors questions to reveal any prejudices that may affect their judgement of the facts

Opening Statements

Attorneys' presentations of their theories of the case and what they hope to prove to the jury; made at the onset of the trial