Bus Law Exam 1 Vocab

Administrative Laws

the body of law created by administrative agencies in order to carry out their duties and responsibilities.

Affidavits

a written voluntary statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.

Affirmative Defense

a response to a plaintiff's claim the does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.

Alleges

to state, recite, assert, or charge

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 this

Answer

procedurally, a defendant's response to the plaintiff's complaint

Appellant

the party who takes an appeal from one court to another

Appellee

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

Arbitration

the settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.

Arbitration Clause

a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Award

in the context of litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages. In the context of arbitration, the arbitrator's decision.

Bankruptcy Courts

A federal court of limited jurisdiction that handles only bankruptcy proceedings

Binding Authority

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

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

Brief

a formal legal document submitted to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf. The appellee usually files an answering brief.

Case Law

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

Cases on Point

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

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.

Civil Law

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

Closing Argument

an argument made at a trial after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.

Common Law

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

Complaint

the pleading made by a plaintiff alleging wrong-doing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

Concurrent Jurisdiction

jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court.

Concurring Opinion

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

Constitutional Law

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

Counterclaim

a claim made by a defendant in a civil lawsuit that, in effect, sues the plaintiff.

Courts of Equity

a court that decides controversies and administers justice according to the rules, principles, and precedents of equity.

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.

Cross-examination

the questioning of an opposing witness during a trial.

Cyberlaw

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

Damages

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

Default Judgement

a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim

Defendant

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

Defense

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

Deposition

the testimony of a party to a lawsuit or of a witness taken under oath before a trial.

Direct Examination

the examination of a witness by the attorney who calls the witness to the stand at trial to testify on behalf of the attorney's client.

Discovery

a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Dissenting Opinion

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

Diversity of Citizenship

under article III, section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases.

E-evidence

a type of evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.

Early Neutral Case Evaluation

a form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions. The evaluator's opinion forms the basis for negotiating a settlement.

Equitable Maxims

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

Exclusive Jurisdiction

jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court.

Executive Agencies

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

Federal Question

a question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

Federal Rules of Civil Procedure (FRCP)

the rules controlling procedural matters in a civil trials brought before the federal district courts.

Hearsay

an oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible as evidence.

Historical School

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

Impeach

to challenge the credibility of a person's testimony or attempt to discredit a party or witness.

In Personam Jurisdiction

court jurisdiction over the "person" involved in a legal action; personal jurisdiction.

In Rem Jurisdiction

court jurisdiction over a defendant's property

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. Independent agency officials cannot be removed without cause.

Interrogatories

a series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party's attorney.

Judicial Review

the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.

Jurisdiction

the authority of a court to hear a case and decide a specific action.

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 his or her rights.

Legal Positivism

a school of legal thought centered on the assumption that there is no law higher than the laws created by the national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.

Legal Realism

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

Legal Reasoning

(1) the process of evaluating how various laws apply to a give situation (2) the process by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.

Long Arm Statute

a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have "minimum contacts" with that state for the statute to apply.

Majority Opinion

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

Mediation

a method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Metadata

data that are automatically recorded by electronic devices on their hard drives and that provide information about who created a file and when, and who accessed, modified, or transmitted it. Metadata can be described as "data about data."

Mini-trial

a private proceeding in which each party to a dispute argues its position before the other side. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement.

Motion

a procedural request or application presented by an attorney to the court on behalf of a client.

Motion for a Direct Verdict

in a state court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The federal courts refer to this request as a motion for judgment as a matter of law.

Motion for a Judgment as a Matter of Law

in a federal court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The stat courts refer this request as a motion for a directed verdict.

Motion for a New Trial

a motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice.

Motion for Judgment

a motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous.

Motion for Judgment on the Pleadings

a motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Motion for Summary Judgment

a motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Motion to Dismiss

a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.

Natural Law

the oldest school of legal though, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature.

Negotiation

in regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. In regard to negotiable instruments, the transfer of an instrument in such a way that the transferee (the person to whom the instrument is transferred) becomes a holder.

Online Dispute Resolution (ODR)

the resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet.

Opening Statements

a statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued.

Ordinances

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

Per Curium Opinion

by the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice.

Persuasive Authorities

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

Petitioner

in equity practice, a party that initiates a lawsuit.

Plaintiff

a party that initiates a lawsuit.

Pleadings

formal statements made by the plaintiff and the defendant in a lawsuit that detail the facts, allegations, and defenses involved in the litigation; the complaint and answer are part of the pleadings.

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.

Precedent

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

Pretrial Motions

a written or oral application to a court for a ruling or order, made before trial.

Primary Sources of Law

sources that establish the law include the following: the U.S. Constitution and the constitutions of the various states, Statutory laws including laws passed by Congress, state legislatures, or local governing bodies, regulations created by administrative agencies such as the Federal Trade commission, and case law and common law doctrines.

Probate Courts

a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.

Procedural Law

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

Question of Fact

in a lawsuit, an issue involving a factual dispute. This can be decided by a judge or a jury.

Question of Law

in a lawsuit, an issue involving the application or interpretation of a law. Only a judge, and not a jury, can decide this.

Relevant Evidence

evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.

Remedies

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

Remedies at Law

a remedy available in a court of law. Money damages are warded as a remedy at law.

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.

Reporters

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

Respondent

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

Rule of Four

a rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at leas four justices agree to do so.

Rules of Evidence

rules governing the admissibility of evidence in trial courts.

Secondary Sources of Law

are books and articles that summarize and clarify the primary sources of law.

Service of Process

the delivery of the complaint and summons to a defendant.