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Business Law
Chapter 1: The Nature and Sources of Law
Term | Definition |
---|---|
Law | The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them |
Right | Legal capacity to require another person to perform or refrain from an action |
Duty | An obligation of law imposed on a person to perform or refrain from performing a certain act |
Right of privacy | The right to be free from unreasonable intrusion by others |
Constitution | A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed |
Statutory Law | Legislative acts, declaring, commanding, or prohibiting something |
Administrative regulations | Rules made by state and federal administrative agencies |
Private Law | The rules and regulations parties agree to as part of their contractual relationships |
Case Law | Law that includes principles that are expressed for the first time in court decisions |
Precedent | A decision of a court that stands as the law for a particular problem in the future |
Stare decisis | "Let the decision stand"; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future |
Common Law | The body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts |
Substantive Law | The law that defines rights and liabilities |
Procedural Law | The law that must be followed in enforcing rights and liabilities |
Criminal Laws | The laws that define wrongs against society |
Civil Laws | The laws that define the rights of one person against another |
Equity | The body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England |