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BCOR 3000: EXAM 1
law |
a body of enforceable rules governing relationships among individuals and between individuals and their society |
breach |
the failure to perform a legal obligation |
primary source of law |
a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision |
Secondary source of law |
A publication that summarizes or interprets the law, such as a legal encylopedia, a legal treatise, or an article in a law review. |
constitutional law
|
the body of law derived from the US constitution and the constitutions of the various states |
statutory law |
the body of law enacted by legislative bodies |
citation |
a reference to a publication in which a legal authority such as a statute or a court decision or other source can be found |
ordinance |
a regulation enacted by a city or county legislative body that becomes part of that states statutory law |
uniform law |
A model law created by the NCC on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If a state adopts, it becomes statutory law. Each state has the option of adopting or rejecting all or part of a uniform law. |
administrative law |
the body of rules and regulations and orders and decisions created by administrative agencies of government in order to carry out their duties and responsibilities |
administrative agency |
a federal or state government agency established to perform a specific function. administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts |
enabling legislation |
a statute enacted by congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose and powers of the agency being created |
adjudicate |
to render a judicial decision |
administrative process
|
the procedure used by administrative agencies in administering the law
|
rulemaking |
The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones. Under the Administrative Procedure Act, rulemaking includes notifying the public of proposed rules or changes and receiving and considering the public's comments. |
legislative rule |
an administrative agency rule that carries the same weight as a congressionally enacted statute |
interpretive rule |
an administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces. such rules are not binding on private individuals or organizations |
administrative law judge |
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 |
case law |
the rules of law announced in court decisions. case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions |
common law |
the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature |
precedent |
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts |
stare decisis |
a common law doctrine under which judges are obligated to follow the precedents established in prior decisions |
binding authority
|
any source of law that a court must follow when deciding a case |
persuasive authority |
any legal authority or source of law that a court may look into for guidance but on which it need not rely in making its decision |
remedy |
the relief given to an innocent party to enforce a right or compensate for the violation of a right |
plaintiff
|
one who initiates a lawsuit |
defendant |
one against whom a lawsuit is brought, the accused person in a criminal proceeding |
equitable principles and maxims |
general propositions or principles of law that have to do with fairness |
juriprudence
|
the science or philosophy of law |
natural law |
the belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature |
statute of limitations |
a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced |
legal positivism |
a school of legal thought centered on the assumption that there is no law higher than the laws created by a national government |
historical school |
a school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be |
legal realism |
a school of legal thought of the 20's and 30's that generally advocated a less abstract and more realistic approach to the law that takes into account customary practices and the circumstances in which transactions take place |
sociological school
|
a school of legal thought that views the law as a tool for promoting justice in society |
substantive law |
law that defines, describes, regulates and creates legal rights and obligations
|
procedural law |
law that establishes the methods of enforcing the rights established by substantive law |
cyberlaw |
an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet |
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 of the roman empire and based on a code rather than case law, the predominant system of law in the nations that were one their colonies |
criminal law |
law the defines and governs actions that constitute crimes, generally wrongful actions committed against society for which society demands redress |
national law |
law that pertains to a particular nation |
international law |
the law that governs relations among nations, national laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law |
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 member states |
checks and balances |
the principle under which the powers of the national government are divided among three separate branches, each of which exercises a check on the actions of the others |
commerce clause |
the provision in Article 1, Section 8 of the US constitution that gives congress the power to regulate interstate commerce |
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 |
supremacy clause |
the requirement in Article VI of the us constitution, laws and treaties of the US are "the supreme law of the land". under this all laws that conflict with federal laws will be rendered invaild |
preemption |
a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws |
bill of rights |
the first ten amendments of the US constitution |
symbolic speech |
nonverbal expressions of beliefs, symbolic speech, which includes gestures, movements, and articles of clothing is given substantial protection by the courts |
filtering software |
a computer program that is designed to black access to certain websites, based on their content |
meta tag |
a key word in a document that can serve as an index reference to the document |
establishment clause |
the provision in the first amendment to the US constitution that prohibits the government from establishing any state sponsored religion or enacting nay law that promotes religion or favor one religion over another |
free exercise clause |
the provision in the first amendment to the US constitution that prohibits the government from interfering with peoples religious practices or forms of worship |
due process clause |
the provisions in the fifth and 14th amendments to the US constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law |
equal protection clause |
the provision in 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, this clause mandates that the state governments must treat similarly situated individuals in a similar manner |
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 |
long arm statute |
a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. a defendant must have certain minimum contacts with that state for the statute to apply |
probate court |
a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased persons estate |
bankruptcy court |
a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law |
federal question |
a question that pertains to the US constitution, acts of congress, or treaties. a federal question provides a basis for federal jurisdiction |
diversity of citizenship |
a basis for federal district court jurisdiction over a lawsuit between citizens of different states, a foreign country and citizens of a state or of different states or citizens of a state and citizens or subjects of a foreign country, must be more the $75,000 |
concurrent jurisdiction |
jurisdiction that exists when two different courts have the power to hear a case |
exclusive jurisdiction |
jurisdiction that exists when a case can be heard only in a particular court or type of court |
venue |
the geographic district in which a legal action is tried and from which the jury is selected |
standing to sue |
the requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. plaintiff must demonstrate that they have either been injured or threatened with injury |
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 a case |
small claims court |
a special court in which parties may litigate small claims (5,000 or less) |
question of fact |
an issue that involves only disputed facts and not what the law is on a given point |
question of law
|
an issue involving the application or interpretation of a law (only decided by judge) |
writ of certioari
|
a writ from a higher court asking a lower court for the record of a case |
rule of four |
a rule of the supreme court under which the court will not issue a writ of certioari unless at least 4 justices approve of the decision to issue the writ |
litigation |
the process of resolving a dispute through the court system |
pleadings |
statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation |
complaint |
the pleading made by a plaintiff alleging wrongdoing on the part of the defendant, the document that, when filed with a court initiates a lawsuit
|
summons |
a document informing a defendant that a legal action has been commenced against them and that the defendant must appear in court on a certain date to answer the plaintiffs complaint |
default judgment |
a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim |
answer |
procedurally a defendants response to the plaintiffs complaint
|
counterclaim |
a claim made by a defendant in a civil lawsuit against the plaintiff |
reply |
a plaintiffs response to a defendants answer |
motion to dismiss |
a pleading in which a defendant asserts that the plaintiffs claim fails to state a cause of action or that there are other grounds on which the suit should be dismissed. although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case |
motion for summary judgment
|
a motion requesting the court to enter a judgment without proceeding to trial |
discovery |
a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial |
deposition |
the testimony of a party to a lawsuit or a witness taken under oath before a trial |
interrogatories |
a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance for the party's attorney and then signed under oath |
e-evidence |
evidence that consists of computer generated or electronically recorded information |
voir dire |
an od french phrase meaning to speak the truth, in legal language the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors |
motion for a directed verdict |
in a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support their claim |
award |
the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages |
motion for judgment NOV |
a motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against them was unreasonable and erroneous |
motion for a new trial |
a motion asserting that the trail was so fundamentally flawed that a new trail is necessary to prevent a miscarriage of justice |
brief |
formal legal document prepared by a party's attorney for the appellant or the appellee and submitted to an appellate court when a case is appealed. the appellant's brief outlines the facts and issues of the case the judges rulings or jury's findings that should be reversed or modified |
docket |
the list of cases entered on a courts calendar and thus scheduled to be heard by the court |
alternative dispute resolution |
the resolution of disputes in ways other than those involved in the traditional judicial process |
negotiation |
a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them |
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 |
arbitration |
the settling of a dispute by submitting it to a disinterested third party who renders a decision that is legally binding |
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
|
summary jury trial |
a method of settling disputes used in many federal courts in which a trial is held but the jury's verdict is not binding. the verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial |
online dispute resolution
|
the resolution of disputes with the assistance of organizations that offer dispute resolution services via the internet |