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Law Envir. Exam #1
Terms
138
Other
Not Applicable
02/08/2007
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Term
administrative agency:
 Definition
a federal or state gov’t agency established to perform a specific function – make and enforce rules to administer and enforce those acts
Term
administrative law:
 Definition
body of law created by administrative agencies in order to carry out their duties and responsibilities
Term
allege:
 Definition
to state, recite, assert, or charge
Term
analogy:
 Definition
an assumption that if two things are similar, they will be similar in other aspects also
Term
appeal:
 Definition
take to a higher court
Term
appellant:
 Definition
the party who takes an appeal from one court to another
Term
appellee:
 Definition
the party against whom an appeal is taken
Term
binding authority:
 Definition
any source of law that a court must follow when deciding a case
Term
breach:
 Definition
break a legal obligation
Term
case law:
 Definition
rules of law announced in court decisions
Term
case on point:
 Definition
a previous case involving factual circumstances and issues that are similar to the case before the court
Term
chancellor:
 Definition
an adviser to the king at the time of the early king’s courts of England
Term
citation:
 Definition
a reference to a publication in which a legal authority, such a court decision, or other source can be found
Term
civil law:
 Definition
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal records
Term
common law:
 Definition
that body of law developed from custom or judicial decisions in English and U.S. court, not attributable to a legislature
Term
constitutional law:
 Definition
law that is based on the U.S. constitution and the constitutions of the various states
Term
court of equity:
 Definition
a court that decides controversies and administers justice according to the rules, principles, and precedents of equity
Term
court of law:
 Definition
a court in which the only remedies that could be granted were things of value, such as money damages
Term
criminal law:
 Definition
law that defines and governs actions that constitute crimes
Term
cyberlaw:
 Definition
an informal term used to refer to all laws governing electronic communications and transactions, particularly those by internet
Term
damages:
 Definition
money sought as a remedy for a breach of contract or for a tortious act
Term
defendant:
 Definition
one against whom a lawsuit is brought; the accused person in a criminal proceeding
Term
defense:
 Definition
that which a defendant offers and alleges in an action or suit as a reason why the plaintiff should not recover or establish what he or she seeks
Term
equitable maxim:
 Definition
general propositions or principles of law that have to do with fairness (equity)
Term
executive agency:
 Definition
an administrative agency within the executive branch of gov’t
Term
historical school:
 Definition
a school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what principles of contemporary law should be
Term
independent regulatory agency:
 Definition
an administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president
Term
jurisprudence:
 Definition
the science or philosophy of law
Term
laches:
 Definition
the equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights
Term
law:
 Definition
a body of enforceable rules governing relationships among individuals and between individuals and their society
Term
legal realism:
 Definition
a school of legal thought that challenged many existing jurisprudence assumptions, particularly that subjective elements play no part in judicial reasoning
Term
legal reasoning:
 Definition
the process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases
Term
natural law:
 Definition
the belief that gov’t and the legal system should reflect universal moral and ethical principles that are inherent in human nature; oldest and most significant
Term
opinion:
 Definition
a statement by the court expressing the reason for its decision in a case
Term
ordinance:
 Definition
a law passed by a local governing unit, such as a county
Term
petitioner:
 Definition
a party that initiates a lawsuit
Term
plaintiff:
 Definition
on who initiates a lawsuit
Term
positive law:
 Definition
body of conventional, or written, law of a particular society at a particular point in time
Term
positivist school:
 Definition
a school of legal thought whose adherents believe that there can be no higher law than a nation’s positive law
Term
precedent:
 Definition
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
Term
procedural law:
 Definition
rules that define the manner in which the rights and duties of an individual may be enforced
Term
public policy:
 Definition
a gov’t policy based on widely held societal values and usually expressed in laws or regulations
Term
remedy:
 Definition
the relief given to an innocent party to enforce a right or compensate for the violation of a right
Term
remedy at law:
 Definition
a remedy available in a court of law; money damages
Term
remedy in equity:
 Definition
a remedy allowed by courts in situations where remedies at law are not appropriate
Term
reporter:
 Definition
a publication in which court cases are published, or reported
Term
respondent:
 Definition
the party who answers a bill or other preceeding
Term
sociological school:
 Definition
a school of legal thought that views the law as a tool for promoting justice in society
Term
stare decisis:
 Definition
a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Term
statute of limitations:
 Definition
a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced
Term
statutory law:
 Definition
the body of law enacted by legislative bodies
Term
substantive law:
 Definition
law that defines the rights and duties of individuals with respect to each other, as opposed to procedural, which defines the manner in which these rights and duties may be enforced
Term
syllogism:
 Definition
a form of deductive reasoning consisting of a major premise, and a conclusion
Term
uniform law:
 Definition
a model law created by the National Conference of Commissioners of Uniform State Laws and/or the American Law Institute for the states to consider adopting
Term
affidavit:
 Definition
a written or printed voluntary statement of facts, confirmed by the oath or affirmation of the party making it made before a person having the authority to administer the oath or affirmation
Term
affirmative defense:
 Definition
a response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiff’s legal rights to bring an action
Term
answer:
 Definition
procedurally, a defendant’s response to the plaintiff’s complaint
Term
bankruptcy court:
 Definition
a federal court of limited jurisdiction that handles only bankruptcy proceedings
Term
brief:
 Definition
a formal legal document submitted by an attorney for the appellant- to the court where a case is appealed
Term
closing argument:
 Definition
an argument made after the plaintiff and defendant have rested their cases
Term
complaint:
 Definition
the pleading made by a plaintiff alleging wrongdoing on the part of the defendant
Term
concurrent jurisdiction:
 Definition
jurisdiction that exists when two different courts have the power to hear a case
Term
counterclaim:
 Definition
a claim made by a defendant in a civil lawsuit that in effect sues the plaintiff
Term
cross-examination:
 Definition
the questioning of an opposing witness during a trial
Term
default judgement:
 Definition
a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim
Term
deposition:
 Definition
the testimony of a party to a lawsuit or a witness taken under oath before a trial
Term
direct examination:
 Definition
the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney’s client
Term
discovery:
 Definition
a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
Term
diversity of citizenship:
 Definition
a basis for federal court jurisdiction over a lawsuit, the amount in controversy must be more than $75,000 before a federal court can take jurisdiction
Term
docket:
 Definition
the list of cases entered on a court’s calendar and thus scheduled to be heard
Term
e-evidence:
 Definition
a type of evidence that consists of computer-generated or electronically recorded information
Term
exclusive jurisdiction:
 Definition
jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or state court
Term
federal question:
 Definition
a question that pertains to the U.S. Constitution, act of Congress, or treaties
Term
Federal Rules of Civil Procedure (FRCP):
 Definition
the rules controlling procedural matters in civil trials brought before the federal district courts
Term
hearsay:
 Definition
an oral or written statement made out of court that is later offered in court by a witness
Term
in personam jurisdiction:
 Definition
court jurisdiction over the “person” involved in a legal action
Term
in rem jurisdiction:
 Definition
court jurisdiction over a defendant’s property
Term
interrogatories:
 Definition
a series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit
Term
judicial review:
 Definition
the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch
Term
jurisdiction:
 Definition
the authority of a court to hear and decide a specific action
Term
justiciable controversy:
 Definition
a controversy that is not hypothetical or academic but real and substantial
Term
long arm statute:
 Definition
permits a state to obtain personal jurisdiction over nonresident defendants
Term
long arm statute:
 Definition
permits a state to obtain personal jurisdiction over nonresident defendants
Term
motion:
 Definition
a procedural request or application presented by an attorney to the court on behalf of a client
Term
motion for a directed verdict:
 Definition
the motion for a judge to take the decision out of the hands of the jury and direct a verdict for the moving party on the ground that the other party has insufficient evidence to support their claim
Term
motion for a new trial:
 Definition
motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent miscarriage of justice
Term
motion for judgment n.o.v:
 Definition
motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous
Term
motion for judgment on the pleadings:
 Definition
motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without preceding to judgment
Term
motion for summary judgment:
 Definition
motion requesting the court to enter a judgment without preceding to trial
Term
motion to dismiss:
 Definition
a pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action
Term
opening statement:
 Definition
statement made to the jury by an attorney at beginning of trial
Term
pleadings:
 Definition
statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in litigation
Term
pretrial conferences:
 Definition
a conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit
Term
pretrial motion:
 Definition
a written or oral application to a court for a ruling, or order, made before the trial
Term
probate court:
 Definition
state courts that handle only matters relating to the transfer of a person’s assets and obligations after that person’s death
Term
question of fact:
 Definition
in a lawsuit, an issue involving the application or interpretation of a law, therefore the judge, not the jury, decides the issue
Term
question of law:
 Definition
in a lawsuit, an issue involving a factual dispute that can only be decided by a judge
Term
rebuttal:
 Definition
the refutation of evidence introduced by an adverse party’s attorney
Term
rejoinder:
 Definition
the defendant’s answer to the plaintiff’s rebuttal
Term
relevant evidence:
 Definition
evidence tending to make a fact an issue in the case more or less probable than it would be without the evidence
Term
rule of four:
 Definition
a rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ
Term
rule of evidence:
 Definition
rules governing the admissibility of evidence in trial courts
Term
service of process:
 Definition
the delivery of the complaint and summons to a defendant
Term
small claims court:
 Definition
special courts in which parties may litigate small claims
Term
standing to sue:
 Definition
the requirement that in individual must have a sufficient stake in a controversy before he or she can bring a lawsuit
Term
summons:
 Definition
a document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date
Term
venue:
 Definition
geographical district in which an action is tried and from which the jury is selected
Term
verdict:
 Definition
a formal decision made by a jury
Term
voir dire:
 Definition
to speak the truth; refers to the process which attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness
Term
writ of certiorari:
 Definition
a writ from a higher court asking the lower court for the record of a case
Term
alternative dispute resolution (ADR):
 Definition
the resolution of disputes in ways other than those involved in the traditional judicial process
Term
arbitration:
 Definition
settling of a dispute by submitting it to a disinterested third party
Term
arbitrator:
 Definition
third party who renders the decision of settling a dispute
Term
award:
 Definition
amount of money awarded to plaintiff
Term
conciliation:
 Definition
a form of alternative dispute resolution in which the parties reach an agreement themselves with the help of a neutral third party
Term
early neutral case evaluation:
 Definition
a form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties’ positions
Term
mediation:
 Definition
a method of settling disputes outside of court by using the services of a neutral third party
Term
mediator:
 Definition
acts as a communication agent between two parties and suggests was to settle
Term
mini-trial:
 Definition
a private proceeding in which each party to a dispute argues its position before the other side, and vice versa
Term
negotiation:
 Definition
process in which parties attempt to settle their dispute without going to court
Term
online dispute resolution (ODR):
 Definition
services available online to resolve disputes
Term
submission:
 Definition
act of referring a dispute to an arbitrator
Term
summary jury trial:
 Definition
a method of settling disputes which a trial is held, but the jury’s verdict is not binding
Term
business ethics:
 Definition
ethics in a business context; a consensus of what constitutes right/wrong
Term
categorical imperative:
 Definition
concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior
Term
cost-benefit analysis:
 Definition
a decision-making process technique that involves weighing the costs of a given action against the benefits of the action
Term
ethical reasoning:
 Definition
a reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand
Term
ethics:
 Definition
moral principles and values applied to social behavior
Term
moral minimum:
 Definition
the minimum degree of ethical behavior expected of a business firm – compliance with the law
Term
principle of rights:
 Definition
the principle that human beings have certain fundamental rights
Term
utilitarianism:
 Definition
approach to ethical reasoning in which ethically correct behavior is not related to any absolute ethical or moral values
Term
amend:
 Definition
to change and improve through a formal procedure
Term
bill of rights:
 Definition
the first ten amendments to the U.S. Constitution
Term
checks and balances:
 Definition
national gov’t is composed of three separate branches; the executive, the legislative, and the judicial – each checks on the other
Term
commerce clause:
 Definition
Article I, Section 8, the U.S. Constitution give Congress power to regulate interstate commerce
Term
due process clause:
 Definition
5th and 14th amendments that guarantee that no person shall be deprived of life, liberty, or property without the due process of law
Term
equal protection clause:
 Definition
14th amendment to the Constitution that guarantees that not state shall “deny to any person within its jurisdiction the equal protection of the laws”
Term
establishment clause:
 Definition
1st amendment that prohibits Congress from creating any law “respecting an establishment of religion”
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