legal environment of business chapter 1

law

a body of enforceable rules governing relationships among individuals & between individuals & between indivduals & their society

liability

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

constitutional law

law that is based on the U.S. constitution & the constitutions of the various states

statutory law

the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

uniform laws

a model law created by the national conference of commissoners on Uniform state laws & or the American Law institutes 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

ordinances

a law passed by a local governing unit, such as a city or a country

administrative agency

a federal or state government agency created by the legislative to perform a specific function, such as to make & enforce rules pertaining to the environment

executive agencies

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

independent regulatory agencies

an administrative agency that is not considered part of the government’s executive branch & is not subject to the authority of the preseident. Independent agency officials can’t be removed without cause

case law

the rules of law announced in court decisions. case law interprets statutes, regulations, constitutional provisions, & other case law

remedies

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

common law

the body of law developed from custom or judical decisions in English & U.S. courts, not attributable to a legislature

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

remedies at law

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

damages

a monetary award sought as a remedy for a breach of contract or a tortious act

courts of equity

a court that decides controversies & administers justice according to the rules, principles & precendents of equity

remedies in equity

a remedy allowed by courts in situations where remedies at law are not appropriate. remedies in equity include injuction, specific performace, rescission & restituation & reformation

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

laches

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

equitable maxims

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

defendant

one against whom a lawsuit is brought, or the accused person in a criminal proceeding

defense

reasons that a defendant offers in a action or suit as to why the plaintiff should not obtain what he or she is seeking

plaintiff

a party that initiates a lawsuit

respondent

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

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

petitioner

in equity practice, a party that initiates a lawsuit

precedent

a court decision that furnishes an example or authority for deciding subsequent cases involving indentical or similar facts

stare decisis

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

reporters

a publication in which court cases are published or reported

persuassive authorities

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

binding authority

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

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 judical decisions in previous cases

alleges

to state, recite, assert or charge

cases on point

a previous case involving factual circumstances & issues that are similar to those in the case before the court

jurisprudence

the science or philosophy of law

natural law

the oldest school of legal thought, based on the belief that the legal system should reflect universal (higher) moral & ethical principals that are inherent in human nature

legal postitivism

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

historical school

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

legal realism

a school of legal thought that holds that the law is only one factor to be considered when deciding cases & that social & economic circumstances should be taken into account

sociological school

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

substantive law

law that defines, descibes, regulates & creates legal rights & obligations

procedural law

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

civil law

the branch of law dealing with the definition & enforcement of all private or public rights as opposed to cimina matters

criminal law

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

cyberlaw

an informal term used to refer to all laws governing electronic communications & transactions, particulary those conducted via the internet

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

appellant

the party who takes an appeal from one court to another

appelle

the party against whom an appeal is taken that is the party who opposes setting aside or reversing the judment

opinions

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

concurring opinion

a court opinion by one or more judges or justices who agree with the majority but want to make or emphazie a point that was not made or emphasized in the majoritys opinion

majority opinion

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

dissenting opinion

a court opinion that presents the views of one or more judges or justices who disagree with the majoritys decision

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

pre curiam opinion

by the whole court, a court opinion written by the court as a whole instead of being authorized by a judge or justice