Legal Environment of Business & Contracts

Long Arm Statute

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants

In Rem Jurisdiction

Count jurisdiction over a defendant’s property

In personam jurisdiction

Count jurisdiction over the “person” involved in legal action; personal jurisdiction

stare decisis has two aspects:

1. A court should not overturn its own precedents unless there is a compelling reason to do so.

2. Decisions made by a higher court are binding on lower courts.

stare decisis

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

statutes of limitations

A federal or state statue setting a maximum time period in which a certain action can be brought or certain rights enforced

Respondent

In equity practice, the party who answers a complaint or other proceeding. (Equivalent to a defendant in a court of law)

petitioner

In equity practice, the one that initiates the lawsuit (Equivalent to a plaintiff in a court of law)

Plaintiff

The party that initiates the lawsuit (in court of law)

Defendant

The one against whom the lawsuit is brought (in court of law)

equitable maxims

General propositions or principals of law that have to do with equity.

Rescission

The cancelation of a contractual obligation

injunction

An order for a party to stop engaging in a specific activity or to undo some wrong or injury

Specific performance

An order for a party to preform the agreement as promised

remedies in equity

Remedies ordered by the court when remedies at law are not appropriate. These include: Injunction, specific performance, recession and restitution, and reformation.

Court of Equity

A branch of law-founded by the notions of justice and fair dealing. Remedies in this court are based on providing a fair outcome outside of damages.

remedies

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

case law

The rules of law announced in court decisions. Interprets statutes, regulations, constitutional provisions, and other case law.

administrative law

The body of law created by administrative agencies in order to carry out their duties and responsibilities, which consists of the rules, orders, and decisions of administrative agencies.

An administrative agency

An administrative agency is a federal, state, or local government agency established to perform a specific function.

the uniform commercial code

The UCC facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.

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. 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 county. (Included in Statutory Law.)

Statutory Law

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

Constitutional law

Law that is based on the U.S. Constitution and the constitutions of the various states.

Primary Sources of Law

U.S. Constitution & State Constitutions, Statutory law, regulations, case & common law doctrines.

Precedent

A court decision that works as an example or authority for deciding subsequent cases involving identical or similar facts

Court of law

Provides remedies in “Damages” (money)

substantive law

Law that defines, describes, regulates, and creates legal rights and obligations.

sociological school

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

reporters

A publication in which court cases are published, or reported.

remedies at law

Money damages are awarded as a remedy at law. Called “Damages”

Procedural Law

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

plurality opinion

The opinion joined by the largest number of judges or justices hearing the case, but less than half the total number

per curiam opinion

A court opinion authored by the court itself and not a judge or justice

persuasive authorities

Any legal authority or source of law that a court may look to for guidance but not need to follow when making it’s decision.

ordinances

A law passed by a local government unit such as a city or a country

opinions

A statement given by the court expressing the reasoning for it’s decision in a case.

Natural Law

Old school of legal thought based of the belief that the legal system should reflect universal “higher” moral and ethical principals inherent in human nature.

majority opinion

A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case.

liability

the state being legally responsible for something

legal reasoning - What is it?

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.

Law

A body of enforceable rules governing relationships among individuals and between individuals and their society.

laches

The equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on their rights. (if they neglect the statute of limitations.)

jurisprudence

The science or philosophy of law.

independent regulatory agencies

An administrative agency that is not considered part of the government’s executive branch and it not subject to the authority of the president. Independent agency officials cannot be removed without cause.

historical school

A school of legal thought that looks into the past to determine what the principals of contemporary law should be.

historical school

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

executive agencies

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

dissenting opinion

A court opinion that presents the views of one or more judges or justices who disagree with the majority’s decision.

cyberlaw

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

criminal law

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

Civil law

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

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.

cases on point

A previous case involving factual circumstances and issues that are similar to those in the case before the court.

breaches

where someone has violated the law by act of omission or legal obligation to a person or society.

binding authority

A source of law that the court is must follow when deciding a case

appellee

The party against whom an appeal is taken- the party who opposes setting aside or reversing the judgment

appellant

The party who appeals to another court

alleges

to state, recite, assert, or charge.

State Court names at Trial Level

Each state has it’s own name. SD is “South Dakota Cricut”

State Courts at the Appellate Levels are

The Immediate Court of Appeals & State Supreme Court (5-9 justices)

Federal Courts at Trial Level are called

U.S District Courts