Understanding Law: Definitions, Functions, and Branches, Quizzes of Business and Labour Law

Download Understanding Law: Definitions, Functions, and Branches and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong DEFINITION 1 Law TERM 2 meaning certain acts must not be committed DEFINITION 2 prohibitory TERM 3 meaning certain acts must be done, sometimes in a set way. DEFINITION 3 mandatory TERM 4 certain acts are allowed, but not required by the law. DEFINITION 4 permissive TERM 5 FUNCTIONS OF LAW DEFINITION 5 to maintain stability in the social, political, and economic systemthrough n1) dispute resolution, n(2) protection of property and (3) the preservation of the state while at the same time permitting ordered change TERM 6 are inevitable in a complex society and may involve criminal or non-criminal matters. DEFINITION 6 Disputes TERM 7 protects ownership of property and allows for agreements (contracts) to exchange property. DEFINITION 7 nPROTECTION OF PROPERTY TERM 8 It ensures that changes are result of elections, legislation, and referenda rather than revolution, sedition, and rebellion DEFINITION 8 nPRESERVATION OF THE STATE TERM 9 are the means by which the law enforces the decisions of the court, such as fines, imprisonment and capital punishment. DEFINITION 9 Sanctions TERM 10 is the ability of a person, with the aid of the law, to require another person to perform or to refrain from performing a certain act. DEFINITION 10 A RIGHT TERM 21 federal, state, or local government agency established to perform a specific function. DEFINITION 21 administrative agency is TERM 22 At the national level, the cabinet departments of the executive branch include numerous DEFINITION 22 executive agencies. TERM 23 body of judge-made law is referred to as DEFINITION 23 Case Law TERM 24 a body of general rules that applied throughout the entire English realm DEFINITION 24 Common Law TERM 25 the legal means to enforce a right or redress a wrong DEFINITION 25 Remedies TERM 26 is a branch of lawfounded on notions of justice and fair dealing DEFINITION 26 equity TERM 27 The remedies granted by the equity courts became known as DEFINITION 27 remedies in equity, or equitable remedies. TERM 28 an order to a party to cease engaging in a specific activity or to undo some wrong or injury. DEFINITION 28 An Injunction TERM 29 the cancellation of a contractual obligation. DEFINITION 29 Rescission TERM 30 propositions or general statements of equitable rules. DEFINITION 30 Equitable Maxims TERM 31 can be used as a defense. DEFINITION 31 Laches TERM 32 decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. DEFINITION 32 precedent TERM 33 Today, cases are published, or reported, in volumes called DEFINITION 33 reporters, or reports. TERM 34 Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions. DEFINITION 34 stare decisis TERM 35 A court should not overturn its own precedents unless there is a compelling reason to do so. Decisions made by a higher court are binding on lower courts. DEFINITION 35 stare decisis has two aspects: TERM 46 there are no natural rights. Rather, human rights exist solely because of laws DEFINITION 46 According to the positivist school TERM 47 emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system DEFINITION 47 historical school TERM 48 law is just one of many institutions in society and that it is shaped by social forces and needs DEFINITION 48 Legal realism TERM 49 views law as a tool for promoting justice in society. DEFINITION 49 sociological school, TERM 50 laws that define, describe, regulate, and create legal rights and obligations. DEFINITION 50 Substantive law TERM 51 laws that outline the methods of enforcing the rights established by substantive law. DEFINITION 51 Procedural law TERM 52 A state law that provides employees with the right to workers compensation benefits for on-the-job injuries is a DEFINITION 52 substantive law because it creates legal rights. TERM 53 establish the method by which an employee must notify the employer about an on-the-job injury, prove the injury, and periodically submit additional proof to continue receiving workers compensation benefits DEFINITION 53 Procedural laws TERM 54 dealing with relationships between private entities DEFINITION 54 Private Law TERM 55 addressing the relationship between persons and their governments DEFINITION 55 Public Law TERM 56 rights and duties that exist between persons and between persons and their governments, as well as the relief available when a persons rights are violated. DEFINITION 56 Civil Law TERM 57 concerned with wrongs committed against the public as a whole. DEFINITION 57 Criminal Law TERM 58 prohibited by local, state, or federal government statutes. DEFINITION 58 Criminal acts TERM 59 emerging body of law that governs transactions conducted via the Internet. DEFINITION 59 Cyberlaw TERM 60 informal term used to refer to both new laws and modifications of traditional laws that relate to the online environment. DEFINITION 60 Cyberlaw