Bus law

Law

Rules that govern behavior and are enforced by courts

Jurisprudence

The study and philosophy of law

Primary sources of law

Constitutions statutes administrative regulations and court decisions

Secondary sources of law

Legal encyclopedias treatises and law review articles

Constitutional law

Law based on the US Constitution and state constitutions

Statutory law

Laws passed by legislative bodies

Administrative law

Rules regulations and decisions of administrative agencies

Case law

rules of law announced in court decisions

Stare decisis

The doctrine that courts should follow precedent

Remedy

The relief awarded to a party harmed by another

Plaintiff

The party who brings a lawsuit

Defendant

The party being sued

Ethics

Moral principles that govern behavior

Ethics

Standards of right and wrong

Business ethics

Ethical behavior in business settings

Corporate social responsibility

The duty of businesses to contribute to society

Stakeholder

Any group affected by a business’s actions

Utilitarian approach

Ethical approach focusing on greatest good for the greatest number

Rights theory

Ethical approach that focuses on individual rights

Justice theory

Ethical approach based on fairness and equality

Code of ethics

Written guidelines for ethical behavior

Whistleblower

An employee who reports illegal or unethical conduct

Jurisdiction

A court’s authority to hear and decide a case

Personal jurisdiction

Authority over the parties involved

In personam jurisdiction

Jurisdiction over a person or business

In rem jurisdiction

Jurisdiction over property

Subject matter jurisdiction

Authority to hear a specific type of case

Original jurisdiction

Authority to hear a case for the first time

Appellate jurisdiction

Authority to review lower court decisions

Federal question jurisdiction

Cases involving federal laws or the US Constitution

Diversity jurisdiction

Cases between citizens of different states over $75.

may be a basis for a federal court to exercise jurisdiction.

Long arm statute

State law allowing jurisdiction over out-of-state defendants

Venue

The geographic location of a trial, where it is more appropriate and convenient to hear a case.

Standing to sue

Requirement that a party has a legal stake in the outcome

Judicial review

The power of courts to declare laws unconstitutional

Trial court

Court where cases are originally heard

Appellate court

Court that reviews legal decisions of trial courts

US Supreme Court

The highest court in the federal system

Writ of certiorari

Order by the Supreme Court to review a lower court case

Rule of four

Four justices must agree to hear a case

Alternative dispute resolution ADR

Methods of resolving disputes outside court

Negotiation

Parties settle disputes on their own

Mediation

Neutral third party helps parties reach a voluntary agreement

Arbitration

Neutral third party makes a binding or nonbinding decision

Arbitration clause

Contract provision requiring arbitration

Online dispute resolution ODR

ADR conducted over the internet

The National Association of Manufacturers (NAM)

A trade association representing manufacturers in the United States, advocating for policies that strengthen the manufacturing sector.

liability

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

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.

Uniform Commercial Code (UCC)

A comprehensive set of uniform laws governing commercial transactions in the United States, designed to facilitate interstate trade.

Administrative agency

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.

Executive agency

An administrative agency within the executive branch of

government

Independent regulatory agency

An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president

Court of law

A court in which the only remedies that can be granted are things of value, such as money damages.

Remedies at law—A remedy available in a court of 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 and administers justice according to the rules, principles, and precedents of equity.

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.

triple bottom line

a corporation’s profits, its impact on people, and its impact on the planet

ethical reasoning

the application of morals and ethics to a situation—applies to businesses just as it does to individuals

duty-based ethics

idea that every person has certain duties to others, including both humans and the planet.

outcome-based ethic

focuses on the impacts of a decision on society or on key stakeholders.

Litigation

The process of resolving a dispute through the court system.

alternative dispute resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

Mediation

neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution.

Arbitration

arbitrator (a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties.

Procedural rules

Rules that provide the framework for litigation and specify what must be done at each stage of a lawsuit

Federal Rules of Civil Procedure (FRCP)

Rules governing civil procedure in federal district courts

Stages of litigation

The three phases of a lawsuit: pretrial

Pretrial phase

Stage where pleadings are filed and evidence is gathered

Trial phase

Stage where evidence is presented and a verdict is reached

Posttrial phase

Stage involving motions

Complaint

The plaintiff’s pleading that initiates a lawsuit by alleging wrongdoing

Jurisdiction

A court’s authority to hear and decide a case

Remedy

The relief or damages the plaintiff seeks

Service of process

Delivery of the summons and complaint to the defendant

Summons

Document notifying the defendant of the lawsuit and requiring a response

Default judgment

Judgment entered when a defendant fails to respond

Answer

Defendant’s response admitting or denying allegations

Affirmative defense

A defense that attacks the plaintiff’s legal right to recover

Counterclaim

A claim brought by the defendant against the plaintiff

Motion

A procedural request made to the court

Motion to dismiss

A request to dismiss a case for legal insufficiency

Motion for summary judgment

A request for judgment without trial when no facts are in dispute

Affidavit

A sworn written statement of facts

Discovery

Pretrial process where parties obtain evidence from each other

(from the opposing party or from witnesses prior to trial)

Deposition

Sworn oral testimony taken before trial

can be used to impeach a party or witness who changes their testimony at trial.

Interrogatories

Written questions answered under oath

Requests for admissions

Requests asking the other party to admit facts

Electronic discovery (e-discovery)

Discovery of electronic data like emails and social media

Metadata

Data about data showing when and how electronic files were created or modified

Pretrial conference

Meeting to discuss settlement or narrow issues for trial

Voir dire

Jury selection process

Peremptory challenge

Removal of a juror without stating a reason

Challenge for cause

Removal of a juror due to bias

Opening statement

Attorney’s summary of the case at the start of trial

Rules of evidence

Rules governing what evidence may be admitted

Relevant evidence

Evidence that makes a fact more or less probable

Hearsay

Out-of-court statement offered to prove the truth of the matter

Direct examination

Questioning of a witness by the party who called them

Cross-examination

Questioning of a witness by the opposing party

Expert witness

A witness with specialized knowledge who may give opinions