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Business Law Today 1
Chapter 1
Question | Answer |
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Stare Decisis | A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. |
Adjudicate | To render a judicial decision. |
Administrative Agency | A federal or state government agency established to perform a specific function. |
Administrative Law | The body of law created by administrative agencies in order to carry out their duties and responsibilities. |
Administrative Law Judge (ALJ) | One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. |
Administrative Process | The procedure used by administrative agencies in the administration of law. |
Bill of Rights | The first ten amendments to the U.S. Constitution. |
Binding Authority | Any source of law that a court must follow when deciding a case. |
Case Law | The rules of law announced in a court decisions. |
Citation | A reference to a publication in which a legal-authority such as a statue 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. |
Civil Law System | A system of law derived from that or the Roman Empire and based on a code rather than case law. |
Commerce Clause | The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce. |
Common Law | The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. |
Constitutional Law | The body of law derived from the U.S. Constitution and the constitutions of the various states. |
Criminal Law | Law that defines and governs actions that constitue crimes. |
Cyberlaw | An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet. |
Defendant | One against whom a lawsuit is brought; thee accused person in a criminal proceeding. |
Due Process Clause | The provisions in the 5th and 14th Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property with out due process of law. |
Enabling Legislation | A statue encted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created. |
Equal Protection Clause | The provision of the 14th Amendment to the Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." |
Equitable Principles and Maxims | General propositions or principles of law that have to do with fairness. |
Establishment Clause | The provision of the 1st Amendment to the U.S. Constitution that prohibits the governemtn from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another. |
Executive Agency | An administrative agency within the executive branch of government. |
Federal Form of Government | A system of government in which the states form a union an dthe sovereign power is devided between the centeral government and the member states. |
Filtering Software | A computer program that is designed to block access to certain Websites based on their content. The software prevents the retrieval of a site whose URL or key words are on a list within the program. |
Free Exercise Clause | The provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people's religious practices or forms of worship. |
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. |
International Law | The law that governs relations among nations. |
Jurisprudence Law | The science of philosophy law. |
National Law | Law that pertians to a particular nation. |
Ordinance | A regulation enacted by a city or county legislative body that becomes part of that state's statutory law. |
Persuasive Authority | Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. |
Plaintiff | One who initiates a lawsuit. |
Police Powers | Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare. |
Precedent | A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. |
Preemption | A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. |
Primary Source of Law | A document that establishes the law on a particular issue, such as a constitution, a statue, an administrative rule, or a court decision. |
Procedural Law | Law that establishes the methods of enforcing the rights established by substantive law. |
Remedy | The relief given to an innocent party to enforce a right or compensate for the violation of a right. |
Rulemaking | The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. |
Secondary Source of Law | A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review. |
Statue of Limitations | A federal or state statue setting the maximum time period during which a certain action can be brought or certain rights enforced. |
Statutory Law | The body of law enacted by legislative bodies. |
Substantive Law | Law that defines, describes, regulates, and creates legal rights and obligations. |
Supremacy Clause | The provision of Article VI of the Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." |
Symbolic Speech | Nonverbal expressions of beliefs. |
Uniform Law | A model law created by the National Conference of Commissioners on Uniform State Laws and the American Law Institute for the states to consider adopting. |