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MANGMT 3540: EXAM 1
Law |
a body of rules enforced by a government |
The Rule of Law |
The concept that no one is above the law, and that no one can be of breaking the law except as the law provides. From the highest official to the lowliest member of society, all are subject to the same laws. |
Contract |
A legally enforceable promise or set of promises |
Breach of Contract |
A failure to fulfill contractual obligations |
Tort |
A civil wrong other than breach of contract for which the law provides a remedy |
Negligence |
An unintentional violation of a legal duty to use a standard of care |
Common Law |
A legal system of court-made law where the rules are derived from previously decided cases, called precedents |
Stare Decisis |
The legal doctrine that requires courts to follow previous decisions called precedents |
Judicial Review |
Doctrine that courts determine the constitutionality of statutes |
Cause of Action |
A stated set of facts giving rise to a valid lawsuit |
Plaintiff |
The party which files a lawsuit against another party |
Defendant |
The person against whom a lawsuit is filed |
Natural Law School |
The theory that law comes from unchangeable principles evident from nature or inspired by God |
Positivist School |
school of law in which the government's rules are supreme |
Traditional School (Historical School) |
School of law that states law which has worked in the past is best suited to shape law (i.e. stare decisis, following precedent) |
Legal Realist School |
School of law that states there is no uniform way to interpret the law; result oriented, considering the impact on the parties and society, many are semantic relativists |
U.S. Constitution |
Supreme law of the land |
Statutes and Treaties |
acts of Congress and treaties entered by the President and approved by the Senate |
Administrative Rules |
Laws adopted by administrative agencies |
Case Law (Common Law) |
Court-made law established by the courts particular in the area of contract and tort law. Can be overruled by a contrary statute ordinance or rule unless the law involved is ruled unconstitutional |
Uniform Codes |
statutory schemes compiled by experts to be adopted by state legislature to help insure consistency of the law in all the states (type of Persuasive Authority) |
Restatements |
Common law schemes compiled by experts to influence courts and encourage nationwide consistency (type of Persuasive Authority) |
Uniform Commercial Code |
Uniform code that applies to all sales of goods |
Administrative Agencies |
A unit of the executive branch regulating a certain area |
Independent Agency |
an agency designed to be free from the direct authority of the president (or governor) |
Executive Agency |
an agent whose head is directly subject to the president (i.e. cabinet level agencies, IRS or EPA) |
Criminal Law |
involves wrongs against society punished by the state through prosecution |
Civil Law |
involves wrongs against persons or entities enforced by lawsuits to obtain money or other remedies |
Substantive Law |
type of law that defines rights and duties |
Procedural Law |
type of law that defines the method or process by which violations of rights or duties will be enforced |
Statutory Law |
law adopted by a legislative body |
Case Law |
law created by court decisions |
Res Judicata |
"It's been decided." An issue decided in one case between parties is binding upon the parties in another case between the parties. It wont be litigated again. |
Class Action |
One or more members of a group of injured parties sue on behalf of the group (class) |
Standing |
A person needs a tangible interest in a lawsuit to sue or become a party (i.e. Grandparents grated partial custody) |
Jurisdiction |
The authority of a court to decide a case. "To speak the law" |
Proper Venue |
The place where a case may properly be decided under |
Adjudication |
The process of litigation resulting in a binding (enforceable) final judgement |
Adversary System |
A trial system where the evidence is presented by party opponents, rather than through questions of a judge |
Evidence |
The testimony of witnesses and the documents and objects admitted to consideration as part of that testimony |
Exclusive Jurisdiction |
either a federal or state court is the only court in which a case may be heard (not both) |
Concurrent Jurisdiction |
both federal and state courts have jurisdiction over the type of case. The plaintiff chooses to file in one or the other |
Arbitration |
ADR. A binding process in which and arbitrator hears evidence and enters an enforceable decision. Generally much less costly than a trial and eliminates appeals. |
Negotiation |
ADR. An attempt by disputing parties to resolve their dispute informally, with or without attorneys present |
Mediation |
ADR. Nonbinding process in which a mediator aids parties in negotiating a dispute. Often judges get involved in mediation through required settlement conferences before the trial judge or another judge. |
Summary Jury Trial |
ADR. A shortened trial before an unofficial jury which makes a nonbinding, advisory decision, often ordered by a judge in complex cases to help the parties settle the case. |
Mini Trial |
ADR. A shortened trial before an unofficial judge, who makes a nonbinding decision (recommendation) |