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Business Law 1
Terms and Info for Business Law test over section 1
| Term | Definition |
|---|---|
| Binding Authority | any source of law that a court must follow when deciding a case |
| Breach | the failure to perform a legal obligation |
| Case Law | the rules of a law announced in court decisions, case law interprets statutes, regulations, constitutional provisions, and the other case laws |
| Citation | a reference to a publication in which a legal authority, such as a statute or a court decision, or others sources 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 Roman law that is based on codified laws |
| Common Law | the body of law developed from custom or judicial decision in English and U.S courts, not attributed to a legislature |
| Concurring Opinion | a court opinion by one or more judge or justice who agrees with the majority but wants to make or emphasize a point that was not made or emphasized in the majorities opinion |
| Constitutional Law | the body of law derived from the U.S constitution and the constitution of various states |
| Criminal Law | the branch of law that defines and punishes wrongful actions committed against the public |
| Cyber Law | an informal term used to refer to all laws governing transactions conducted via the internet |
| Defendant | one again whom a lawsuit is brought, or the accused person in a criminal proceeding |
| Dissenting Opinion | a court opinion that presents the views of one or more judges or justices who disagree with the majority |
| Historical School | a school of legal thought that looks to the past to determine what the principles of contemporary law should be |
| International Law | the law that governs the relations among nations |
| Jurisprudence | the science or philosophy of law |
| Law | a body of enforceable rules governing relationships among individuals and between individuals and their society |
| Legal Positivism | a school of legal thought centered on the assumption that there is no law higher than the law created by a national government, laws must be obeyed, even if they are unjust, to prevent anarchy |
| Legal Realism | a school of thought that believes that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account #allthisforaloafofbread |
| Liability | the state of being legally responsible for something, such as debt, or obligation |
| Majority Opinion | a court opinion that represents the views of the majority of judges and justices |
| National Law | law that pertains to a certain nation |
| Natural Law | the oldest school of legal thought, based on the belief that the legal system should reflect the universal moral and ethical principles that are inherent in human nature |
| Ordinance | a regulation enacted by a city or county legislative body that becomes part of the state’s statutory law |
| Per Curiam Opinion | a court opinion that does not indicate which judge or justice authored the opinion |
| Persuasive Authority | any legal authority or source of law that a court may look to for guidance but need not follow when making decisions |
| Plaintiff | one who initiates a lawsuit |
| Plurality Opinion | a court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half in total number |
| Precedent | a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts |
| Primary Source of Law | a document that established the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision |
| Procedural Law | law that establishes the methods of enforcing the rights establish by substantive law |
| Remedy | the relief given to an innocent party to enforce a right or compensate for the violation of a right |
| 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 |
| Stare Decisis | a common law doctrine under which judges are obligated to follow precedents establish in prior decisions |
| Statutory Law | the body of law enacted by legislative bodies |
| Substantive Law | law that defines, describes, regulates, and creates legal rights and obligations |
| Uniform Law | a model law developed by the national conference of commissioners on uniform state laws for the state to consider enacting a statute |
| Alternative Dispute Resolution | the resolution of a dispute in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration |
| Answer | procedurally a defendant’s response to the plaintiff’s complaint |
| Arbitration | the settling of a dispute by submitting it to a disinterested third party(other than a court) who renders a decision |
| 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 | the monetary compensation given to a party at the end of a trial or other proceedings |
| Bankruptcy Court | a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by the federal bankruptcy law |
| Brief | a written summary or statement prepared by one side in a law suit to explain its case to the judge |
| Complaint | the pleading made by the plaintiff alleging wrong doing on the part of the defendant, when filed with a court the complaint initiates a lawsuit |
| Concurrent Jurisdiction | jurisdiction that exists when two different courts have to power to hear a case |
| Counterclaim | a claim made by the defendant in a civil lawsuit against the plaintiff, in effect the defendant suing the plaintiff |
| 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 claims |
| Deposition | the testimony of a party to a lawsuit or a witness taken under oath before a trial |
| Discovery | a method by which the opposing parties obtain information from each other to prepare for trial |
| Diversity of Citizenship | a basis for federal court jurisdiction over a lawsuit between citizens of different states and countries |
| Docket | the list of cases entered on a courts calendar and thus scheduled to be heard by the court |
| E-Evidence | a type of evidence that consists of all computer generated or electronically recorded information |
| Exclusive Jurisdiction | jurisdiction that exists when a case can be heard only in a particular court of type of court |
| Federal Question | a question that pertains to the U.S constitution, an act of congress, or a treaty and provides a basis for federal jurisdiction in a case |
| Interrogations | a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and signed under oath |
| Judicial Review | the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch |
| Jurisdiction | the authority of a court to hear and decide a specific case |
| Justiciable Controversy | a controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear the case |
| Litigation | the process of resolving a dispute through the court system |
| Long Arm Statute | a state statute that permits a state to exercise jurisdiction over nonresident defendants |
| Mediation | a method of settling disputes outside the courts by using the services of a neutral third party who acts as a communicating agent between the parties and assists them in negotiating a settlement |
| Metadata | data that is automatically recorded by electronic devices and provides information about who can create a file and when and who accused, modified, or transmitted it on their hard drives can be describes as data about data |
| Motion for Direct Verdict | a motion for the judge to take the decisions out of the hands of the jury and to direct a verdict for the party making the motions on the grounds that the other party has not produced sufficient evidence to support their claims |
| Motion for New Trial | a motion asserting that the trial was so fundamentally flawed, because of error, discovered evidence, prejudice, or another reason, that a new trial is necessary to prevent a miscarriage of justice |
| Motion for Judgment N.O.V | a motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury’s verdict against them was unreasonable and erroneous |
| Motion for Judgment on the Pleading | a motion by either party to a lawsuit at the close of the pleading requesting the court to decide the issue solely on the pleadings without proceeding to a 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 judgement without proceeding to trial, the motion can be based on evidence outside the pleadings and will be granted if no facts are in dispute |
| Motion to Dismiss | a pleading in which the defendant admits to facts as alleged by the plaintiff but asserts that the plaintiff’s claim to state a cause of action has no basis in law |
| Negotiation | a process in which parties attempt to settle their dispute informally with or without an attorneys to represent them |
| Online Dispute Resolution | the resolution of disputes with the assistance of organizations that offer dispute resolution services via the internet |
| Pleadings | statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case |
| Probate Court | a state court with limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate |
| Question of Fact | in a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point |
| Reply | procedurally a plaintiff’s response to the defendant’s answer |
| Rule of Four | a rule under which the U.S supreme court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ |
| Service of Process | the delivery of the complaint and the summons to the defendant |
| Small Claims Court | a special court in which parties can litigate small claims without an attorney |
| Standing to Sue | the legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit |
| Summons | a document informing the defendant that legal action has been commenced against them and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint |
| Venue | the geographic district in which a legal action is tried and from which the jury is selected |
| Vior Dire | an important part of the jury selection process in which the attorney questions prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be an impartial juror |
| Writ of Certiorari | a writ from a higher court asking a lower court for the record of a case |
| Business Ethics | what constitutes right or wrong behavior and the application of moral principles in a business context |
| Categorical Imperatives | an ethical guideline developed by Immanuel Kurt under which an action is evaluated in terms of what would happen if everybody else in the same situation or category acted the same way |
| Corporate Social Responsibility | the idea the corporations can and should act ethically and be accountable to society for that action |
| Cost-Benefit Analysis | a decision making technique that involves weighing the cost of a given action against the benefit of that action |
| Duty Based Ethics | an ethical philosophy rooted in the idea that every person has certain duties to others, including both humans and the planet, these duties may be derived from religious principles or from other philosophical reasoning |
| Ethical Reasoning | a reasoning process in which an individual links his or her moral convictions or ethical standards to a particular situation at hand |
| Ethics | moral principles and values applied to social behavior, study of right and wrong behavior, fair, right, or just actions |
| Moral Minimum | the minimum degree of ethical behavior expected of a business firm which is usually defined as a compliance with the law |
| Outcome-Based Ethics | an ethical philosophy that focuses on the impacts of a decision on a society or on key stakeholders |
| Principles of Rights | the belief that human beings have certain fundamental rights whether an action or decision is ethical depends on how it affects the rights of various groups, such as owners, employees, consumers, suppliers, the community, and society |
| Stakeholders | groups other than the company’s shareholders that are affected by corporate decisions, stakeholders include employees, costumers, creditors, suppliers, and the community in which the corporation operates |
| Triple Bottom Line | focuses on a corporations profits, its impacts on people, and its impact on the planets |
| Utilitarianism | an approach to ethical reasoning in which an action is evaluated in terms of its consequences for those whom it will affect, a good action is one that results in the greatest good from the greatest number of people |
| Bill of Rights | the first ten amendments to the U.S constitution |
| Checks and Balances | the principle under which powers of the national government are divided among three separate branches , executive, legislative, and judicial, each which exercises a check on the action of the others |
| Commerce Clause | the provision in article 1 section 8 of the U.S constitution that gives congress the power to regulate interstate commerce |
| Compelling Government Interest | a test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes among people based on a suspect trait |
| Due Process Clause | the provision in the 5th and 14th amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law state constitutions of ten include similar causes |
| Equal Protection Clause | the provision in the 14th amendment that requires state government to treat similarly situated individuals in similar manner |
| Establishment Clause | the provision in the first amendment that prohibits the government from establishing any state sponsored religion or enacting any law that promotes religion or favors on religion over another |
| Federal Form of Government | a system of government in which the states form a union and the sovereign power is divided between the central government and the members of the states |
| Filtering Software | a computer program that is designed to block access to certain web sites, based on their content |
| Free Exercise Clause | the provision in the first amendment that prohibits the government from interfering with people’s religious practices or forms of worship |
| Meta tag | a key word in a document that can serve as an index reference to the document online search engines return results based in part, on the tags in the web documents |
| 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 |
| Pre-Emption | a doctrine under which certain federal laws pre-empt, or take precedence over conflicting state or local laws |
| Supremacy Clause | the requirement in article VI of the U.S 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 belief, which include gestures, movements, and articles or clothing that are given substantial protection by the courts |
| Madison | Wrote the Constitution |
| Jefferson | Wrote the Declaration of Independence |
| Process of a Lawsuit | Petition- Complaint- Summons_ Answer- Reply^ Entry of Appearance. Discovery and shit |
| Process of a Court | Vior Dire- Swearing In- Opening Statements- Motions- Cross Examinations- Motions- Closing Statements- Judgement- Appeals |
| Motivation | You can do it |
Created by:
elizabethbriarrose
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