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LAW/421
Vocabulary Words
| Term | Definition |
|---|---|
| Absolute privilege | A defense to a defamation claim provided to overnment officials, judicial officers and proceedings, and state legislatures, where the defendants need not proffer any further evidence to assert the defense. |
| Acceptance | The offeree’s expression of agreement to the terms of the offer. The power of acceptance is created by a valid offer. |
| Accord and satisfaction | A doctrine that allows one party to create an agreement, or accord, with the other party to accept a substitute performance in order to satisfy the original performance; the completion of the new duty discharges the old one. |
| Account | A subduty of fiduciary duty in which the agent is required to keep records such as a written list of transactions, noting money owed and money paid and other detailed statements of mutual demands. |
| Acknowledgement form | A form commonly used in sales contracts as an acceptance from the seller, responding to a purchase order that contains preprinted provisions and has blanks to accommodate the specifics of that transaction. |
| Act requirement | Also called by its Latin name, actus reus, requires the government to prove that a defendant’s actions objectively satisfied the elements of a particular offense. |
| Actual authority | A source of the agent’s authority occurring when the parties either expressly agree to create an agency relationship or where the authority is implied based on custom or the course of past dealings. |
| Actual damages | A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that it suffered some physical harm that resulted in identifiable losses. |
| Actual owner | The individual that is recognized as having primary or residual title to the property and is, therefore, the ultimate owner of the property. |
| Adjudication (Administrative law) | The judicial function preformed by administrative agencies, whereby the agencies make policy. This function is performed by administrative law judges who hear cases brought before the specific agency. |
| Adjudication (Criminal law) | A phase of the criminal justice system in which the prosecutor elects to proceed with the charges following an investigation. |
| Administrative agencies | Governmental bodies with the authority to implement and administer particular legislation. Administrative agencies include department, nondepartment, and independent agencies. |
| Administrative law | A body of law and regulations that governs the organization and operation of administrative agencies. |
| Administrative law judge | An attorney employed by an agency to adjudicate disputes. |
| Age Discrimination in Employment Act of 1967 (ADEA) | A statute prohibiting employers from discriminating against employees on the basis of their age once an employee has reached age 40. |
| Agency law | Laws that govern the relationships created when one party hires another party to act on the hiring party’s behalf. |
| Agent | One who agrees and is authorized to act on behalf of another, a principal, to legally bind an individual in particular business transactions with third parties pursuant to an agency relationship. |
| Agreement | Any meeting of the minds resulting in mutual assent to do or refrain from doing something. |
| Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) | A multinational agreement covering minimum requirements and standards for all areas of intellectual property protections as well as providing an infrastructure for enforcement and dispute resolution. |
| Ambiguous terms | Contract terms that are vague and indefinite. In contract law, these terms are construed by the court against the interest of the side that drafted the agreement. |
| Amendments | Changes made to the Constitution since its ratification. |
| American Recovery and Reinvestment Act of 2009 | Created a loan program and underlying mandates for corporations most acutely impacted by the financial crisis beginning in 1998 and established the Troubled Assets Relief Program (TARP) to administer the loans. |
| Americans with Disabilities Act of 1990 (ADA) | A statute that seeks to eliminate discriminatory employment practices against disabled persons. The ADA requires that employers with 15 or more employees offer reasonable accommodations for a disabled employee in the workplace so long as the accommodation |
| Answer | Defendant’s formal response to each paragraph of the complaint. |
| Anticipatory repudiation | When one party makes clear that he has no intention to perform as agreed, the nonbreaching party is entitled to recover damages in anticipation of the breach rather than waiting until performance is due. |
| Apparent authority | A source of the agent’s authority occurring when there is an appearance of legitimate authority to a third party rather than express authorization by the principal. |
| Appellate courts | Courts that review the decision of trial courts and have the authority to overturn decisions if they are inconsistent with the current state of the law. |
| Arbitrary and capricious | Failure to exercise honest judgment instead of reasoned consideration of all relevant factors. |
| Arbitrary and capricious standard | The broad judicial benchmark used to determine if an agency’s actions are lawful. Under the standard, the agency must show that a reasoned decision-making process was used rather than actions that are arbitrary and capricious. Decisions are considered to |
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