Business Law and Legal System Vocabulary

Vocabulary flashcards covering fundamental legal terminology, court systems, jurisdictional definitions, and alternative dispute resolution concepts from the text.

Law

The entire body of principles that govern conduct and which can be enforced by the courts or other government tribunals.

Statutory Law

Laws created by a legislative body, such as the United States Congress or a state legislature.

Regulatory Law

Laws in the forms of rules and regulations promulgated by administrative agencies.

Common Law

Case law developed on a case-by-case basis within the Anglo-American judicial tradition.

Executive Orders

Orders issued by the executive branch of government, such as the President of the United States or a state governor.

Public Law

Law that impacts the people as a whole who are directly involved with the law, including constitutional, administrative, and criminal law.

Private Law

Law dealing with legal problems, relations, and interests among private individuals, without involving society as a whole.

Criminal Law

Law dealing with legal wrongs committed ultimately against society.

Civil Law

Law dealing with legal wrongs committed by one private party against another private party, premised on the Napoleonic Code and Roman law.

Substantive Law

Law that defines the legal relations of people with other people or with the state, setting forth their respective rights and duties.

Procedural Law

The legal method, means, or process by which substantive law is administered and enforced.

Precedent

An earlier court case with the same or similar facts that has enunciated certain legal rules.

Stare Decisis

The legal doctrine requiring a court to follow established precedents when resolving the case at bar.

Enumerated Powers

Specific powers granted to the federal government by the U.S. Constitution.

Plain Meaning Rule

A statutory interpretation rule holding that if a statute's language is clear and logically indicates one result, the court gives deference to the legislature without considering other factors.

Legal Reasoning

The process of critical legal analysis that judges use to resolve a case.

Adjudication

The application of legal rules to factual disputes in order to settle cases and controversies.

Judicial Review

The power of courts to evaluate statutes and actions of the other two branches of government to ensure they are constitutional.

Statutory Interpretation

The power of courts to construe and clarify legislation for exact meaning.

Court

A tribunal established by government to hear and decide cases, grant redress, deter wrongdoing, and enforce punishment against wrongdoers.

Jurisdiction

The power each court has to try cases and to decide certain types of controversies.

Action in Personam

A lawsuit where the plaintiff seeks to hold the defendant liable on a personal obligation.

Action in Rem

A lawsuit in which the plaintiff seeks to enforce a right against specific property owned by the defendant.

Long Arm Statutes

State statutes permitting a cause of action against an out-of-state resident in the plaintiff's home state if the defendant does business in that state.

Motorist Implied Consent Statutes

State statutes establishing that a non-resident driving within the state impliedly consents to appoint the state's Secretary of State as an agent for accepting service of process.

Decree of Injunction

An equitable remedy where the court commands a defendant to stop doing a particular act.

Decree of Specific Performance

An equitable remedy ordering a defendant to live up to the terms of a contract made with the plaintiff.

Statute of Limitations

A legal rule establishing the time period within which a lawsuit must be brought.

Mediation

An ADR process where a neutral third party acts as a conciliator and facilitator to assist parties in reaching a compromise solution.

Arbitration

An ADR process where parties submit a dispute to a neutral third party for a final and binding decision.

Award

The final and binding decision rendered by an arbitrator.

Virtual Magistrate Project

An affiliation of the American Arbitration Service that provides online arbitration services for resolving virtual controversies.