College Buisness Law

Law

A workable or amendable set of government rules designed to balance the rights of society with the rights of individuals. Example: A speed-limit law limits how fast you drive to protect everyone using the road.

Amendable

Able to be changed. Example: If lawmakers change an existing law, the law was amended.

Justice

Fairness. Example: Asking whether a punishment fits the wrongdoing is a question about justice.

Morality

Beliefs about what is right and wrong. Example: Someone might believe an action is morally wrong even if it is legal.

Moral compass

Your personal sense of right and wrong. Example: Someone refuses to cheat because they believe cheating is wrong.

Maintain order

Keep society organized and functioning. Example: Traffic rules tell drivers when to stop and go.

Prevent corruption

Stop people in power from abusing their position. Example: A law banning government officials from accepting bribes.

Create equal opportunity

Give people a fair chance. Example: A law preventing unfair discrimination in employment.

Limit human conduct

Restrict behavior. Example: Theft laws tell people they cannot take another person's property.

Establish rights

Officially recognize that someone has a legal right. Example: A constitution states that people have a certain freedom.

Protect rights

Defend an existing legal right from being violated. Example: A court enforces someone's legal right after another person violates it.

Establish duties

Create legal obligations. Example: A law requires businesses to follow safety rules.

Resolve disputes

Provide a legal way to settle disagreements. Example: Two businesses go to court over a contract dispute.

Establish government

Create and organize government. Example: The Constitution establishes the three branches of government.

Sanction

A threatened penalty for disobeying a law or rule. Example: Imprisonment is a possible criminal sanction.

Criminal law

Law involving offenses or crimes against society (Government v. Defendant). Example: The government prosecutes someone for robbery.

Defendant

The person accused in a criminal case or sued in a civil case. Example: If the government charges Jake with a crime, Jake is the defendant.

Civil law

Law involving a tort against an individual or business (Plaintiff v. Defendant). Example: One company sues another for damaging its property.

Plaintiff

The person or business bringing a civil lawsuit. Example: If Sarah sues a company, Sarah is the plaintiff.

Tort

A civil wrong against another person or business. Example: Carelessly damaging another person's property might create a tort claim.

Intentional tort

A tort involving an intentional act. Example: Someone purposely performs the wrongful action.

Negligence

Carelessness that causes harm. Example: A driver fails to pay attention and causes an accident.

Strict liability

Legal responsibility imposed regardless of fault or intent. Example: Recognized as one of the three main tort categories alongside intentional torts and negligence.

Damages

Money awarded in a legal case. Example: A plaintiff receives money after proving a financial loss.

Compensatory damages

Money used to compensate for a loss. Example: If damage costs $4,000 to repair, compensatory damages might cover the loss.

Punitive damages

Money intended to punish wrongful conduct. Example: A court awards extra money to punish especially wrongful behavior.

Contract law

Law involving agreements between people, businesses, and groups. Example: Two businesses sign an agreement requiring delivery of goods.

Breach

Failure to follow a contract. Example: A company promises to deliver goods but never delivers them.

Liquidated damages

A predetermined amount of damages stated in advance in a contract. Example: A contract might state in advance how much one party owes if it breaches.

Nominal damages

A small monetary amount awarded when a legal right was violated but major financial loss was not shown. Example: A court awards $1 when a breach occurred without substantial loss.

Equitable remedies

Court remedies developed from Courts of Equity that provide flexible responses beyond money. Example: Instead of only awarding money, a court orders someone to perform an agreement.

Specific performance

Court requires a party to perform what was promised. Example: A seller is ordered to complete an agreed property sale.

Injunction

A court order directing conduct. Example: A court orders a business to stop a certain action.

Reformation

Changing or correcting an agreement. Example: A court fixes contract language so it reflects the agreement.

Restitution

Returning a benefit, money, or property. Example: A party must return money it received.

Rescission

Cancellation of an agreement. Example: A court cancels a contract.

Substantive law

Law creating rights and duties through legislative, judicial, or constitutional law. Example: A law saying theft is illegal.

Procedural law

Methods or steps required to obtain a remedy in court. Example: Rules explaining how an appeal must be filed.

Right

Something someone is legally entitled to receive. Example: A person is legally entitled to a certain protection.

Duty

Something someone is legally obligated to do. Example: A company is legally required to follow a regulation.

Public law

Law dealing with relationships between government and individuals. Example: Criminal law, where government prosecutes a defendant.

Private law

Law dealing with individuals and/or legal entities. Example: Two businesses fighting over a contract.

Constitutional law

Law involving rights in federal and state constitutions. Example: A case about a constitutional right.

Administrative law

Law dealing with government agencies. Example: A government agency creates rules for an industry.

Sales

Transfer of property from one person to another. Example: A business sells equipment to another business.

Real property

Land or anything permanently attached to it. Example: Land and a building.

Personal property

Tangible movable goods. Example: A laptop, desk, or vehicle.

Commercial paper

Checks, promissory notes, and drafts. Example: A written promissory note promising repayment.

Agency law

A relationship where one party acts on behalf of another. Example: An agent acts for a business owner.

Partnership

Arrangement where two or more parties manage and operate a business and share profits. Example: Two people jointly own and run a business.

Corporation

A legal entity separate and distinct from its owners. Example: The corporation itself enters a contract rather than the owners personally.

Legal entity

An organization recognized by law as having its own legal existence. Example: A corporation is legally separate from its shareholders.

Judicial law

Law created through appellate court decisions. Example: An appellate court's decision becomes important for later cases.

Appellate court

A court that reviews lower-court decisions. Example: A state supreme court reviews an earlier court decision.

Common law system

A legal system where courts rely on past judicial court decisions. Example: Judges follow precedent set in previous cases.

Adversary system

A legal system where two opposing sides present their positions before a neutral court. Example: Plaintiff and defendant presenting arguments and evidence.

Precedent

An earlier court decision used in later similar cases. Example: A court looks at an earlier Supreme Court case when deciding a similar issue.

Stare decisis

The principle of following precedent. Example: A court follows an earlier legal ruling in a similar case.

Judicial review

Court authority to determine constitutionality of legislative law, lower-court rulings, and executive orders. Example: SCOTUS reviews whether a law violates the Constitution.

Constitutionality

Whether something agrees with the Constitution. Example: A court examines the constitutionality of a statute.

Unconstitutional

In conflict with the Constitution. Example: In Kennedy v. Louisiana, the death sentence for child rape was unconstitutional.

Legislative law

Law created through legislatures, considered a primary source of law. Example: Statutes passed by Congress or state legislatures.

Statute

Federal or state legislative law. Example: Congress passes a federal statute.

Ordinance

Local legislative law. Example: A town passes a parking ordinance.

UCC

Uniform Commercial Code relating to commercial transactions. Example: Rules governing commercial sales across state lines.

Restatement

Treatises summarizing and clarifying principles of common law. Example: Summaries used to explain contract or tort law principles.

Executive order

An order of law issued by an executive officer (President, Governor, Mayor). Example: A governor issues a statewide executive order.

Administrative agency

Government organization governing a certain sector. Example: An agency oversees a particular industry.

Regulation

Rule or law created by an administrative agency. Example: An agency issues a regulation controlling industry conduct.

Treaty

Agreement between nations authorized by President and approved by 2/3 Senate. Example: Two nations enter an international agreement.

Burden of proof

How much proof is required to establish a case. Example: Criminal and civil cases use different burdens.

Beyond a reasonable doubt

Criminal-law burden of proof requiring no doubt in the juror's mind that the defendant committed the crime. Example: The government must meet this burden before a criminal conviction.

Preponderance of evidence

Civil-law burden of proof requiring the greater weight of evidence (51%). Example: The plaintiff's evidence slightly outweighs the defendant's evidence.

SCOTUS

Supreme Court of the United States. Example: Kennedy v. Louisiana eventually reached SCOTUS.

Ruling

A court's legal decision. Example: SCOTUS issued a ruling in Kennedy v. Louisiana.

Verdict

The decision reached at a trial about guilt or liability. Example: Original verdict and later another guilty verdict in the Miranda timeline.

Conviction

A finding that a criminal defendant is guilty. Example: If a defendant is convicted, the court found them guilty.

Sentence

Punishment imposed after conviction. Example: Miranda timeline ends with a guilty verdict and sentence.

Appeal

Request for a higher court to review a lower court's decision. Example: Miranda appealed to the Arizona Supreme Court.

Affirmed

Higher court agrees with the lower court's decision. Example: 'The conviction was affirmed' means the conviction stayed in place.

Reversed

Higher court overturns the lower court's decision. Example: 'The judgment was reversed' means the lower court lost.

Remanded

Higher court sends the case back to a lower court. Example: 'Reversed and remanded' means overturned and sent back.

Vacated

An earlier judgment is set aside. Example: 'The judgment was vacated' means it no longer stands.

Modified

Part of the court decision is changed. Example: Liability stays the same, but the damages amount changes.

Amended

Changed or revised. Example: A law is amended when lawmakers change part of it.

Upheld

A law or decision stays valid. Example: 'The court upheld the law.'

Struck down

A court declares a law or government action invalid. Example: 'The court struck down the statute as unconstitutional.'

Overruled

A court rejects an earlier precedent. Example: A Supreme Court case says an older precedent should no longer be followed.

Petitioner

Party asking a higher court, often SCOTUS, to review a case. Example: The petitioner asks the Court to change the lower ruling.

Respondent

The side responding to a petition in a higher court. Example: The respondent argues that the lower decision should remain.

Appellant

Party bringing an appeal. Example: The person who lost below appeals and becomes the appellant.

Appellee

Party responding to an appeal. Example: The side defending the lower-court judgment.

Prosecution

Government side of a criminal case. Example: Prosecutors try to prove the defendant committed the crime.

Liability

Legal responsibility. Example: A business found liable is legally responsible for the civil wrong.