Legal Terms and Concepts: A Comprehensive Glossary, Quizzes of Business and Labour Law

Download Legal Terms and Concepts: A Comprehensive Glossary and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 Administrative Agency DEFINITION 1 Federal, State, or local govt agency established to perform a specific function. TERM 2 Administrative law DEFINITION 2 Rules, orders, and decisions of administrative agencies TERM 3 Allege DEFINITION 3 A claim. TERM 4 Analogy DEFINITION 4 Comparing the facts in a case at hand to the facts in previous cases and, to the extent that the patters are similar, to apply the same rule of law to the present case. TERM 5 Appealant DEFINITION 5 When a case is appealed from the original court or jurisdiction to another court or jurisdiction,the party appealing a case is referred to as.... TERM 6 Appellee DEFINITION 6 The party against whom the appeal is taken. TERM 7 Binding authority DEFINITION 7 Any source of law that a court must follow when dealing a case. TERM 8 Breach DEFINITION 8 Breaks or fails to perform contract. TERM 9 Case Law DEFINITION 9 The body of judge-made(ruled) law TERM 10 Case on point DEFINITION 10 Previously decided cases that are similar as possible to one under consideration. TERM 21 Defendant DEFINITION 21 Party being sued TERM 22 Defense DEFINITION 22 is an argument raised by the defendant. TERM 23 Equitable Maxims DEFINITION 23 propositions or general statements of equitable rules. TERM 24 Executive Agencies DEFINITION 24 The cabinet departments of the executive branch. (FDA for example) Subject to the authority of the president who has the power to appoint and remove their officers, TERM 25 Historical School of Legal thought DEFINITION 25 Emphasizes the evolutionary process of law by concentrating on its origin and history of the legal system. TERM 26 Independent Regulatory Agency DEFINITION 26 Federal agencies the President has less control over by way of fixed terms for their officers.(Examples Federal Trade Commission, Securities and Exchange Commission, and the Federal Communications Commission) TERM 27 Jurisprudence DEFINITION 27 Part of the study of law, learning about different schools of jurisprudential thought and discovering how the approaches to law characteristics of each school of thought can affect judicial decision making. TERM 28 Latches DEFINITION 28 A term derived from Latin: "laxus" meaning "lax" or "negligent"."Equity aids the vigilant, not those who rest on their rights" TERM 29 Law DEFINITION 29 A set of enforceable rules that governs two relationships, the relationships between private parties and the relationship between an individual and a society TERM 30 Legal Positivism DEFINITION 30 Belief that there is no higher law than the nations positive (written down) law. TERM 31 Legal realism DEFINITION 31 Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. TERM 32 Legal Reasoning DEFINITION 32 Is the reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case. TERM 33 Natural Law DEFINITION 33 Belief that there is a higher or universal law that applies to all human beings and that written laws should imitate these inherent principles TERM 34 Opinion DEFINITION 34 Contains the court's reasons for its decision, the rules of law that apply, and the judgement. TERM 35 Ordinance DEFINITION 35 Part of statutory law, laws rules or orders passed by municipal or county governing units to govern matters not covered by federal or state law. TERM 46 Sociological School DEFINITION 46 This school views law as a tool for promoting justice in a society. TERM 47 stare decisis DEFINITION 47 Judges following the precedents established within their jurisdictions. "To stand on decided cases" TERM 48 Statue of limitations DEFINITION 48 What constitutes reasonable time for a case, it varies depending on case. TERM 49 Statutory law DEFINITION 49 Laws enacted by legislative bodies at any level of government, such as the statues passed by Congress or by state legislatures. TERM 50 Substantive Law DEFINITION 50 Consists of all laws that define describe, regulate, and create legal rights and obligations. TERM 51 Syllogism DEFINITION 51 A logical relationship involving a major premise, a minor premise, and a conclusion. TERM 52 Uniform Laws DEFINITION 52 model laws for states to consider adopting.