Law Terms: Public and Private Law, Statutory and Case Law, and More, Quizzes of Introduction to Business Management

Download Law Terms: Public and Private Law, Statutory and Case Law, and More and more Quizzes Introduction to Business Management in PDF only on Docsity! TERM 1 Natures and Classifications of Law DEFINITION 1 Public, Private, Substantive, Procedural, Statutory, Case TERM 2 Law DEFINITION 2 rules of conduct enacted by some authoritative source (Congress/State Legislature) and tells if things are Mandatory (shall) Permissive (may) or Prohibited (shall not) TERM 3 Public Law DEFINITION 3 deals with governmental matters and the relationship of government to individuals TERM 4 Private Law DEFINITION 4 pertains to individuals in their reltionships with each other and is concerned either with agreements between persons, as in contract law, or rights and duties independent of contract, as in tort law. TERM 5 Substantive law DEFINITION 5 Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. TERM 6 Procedural Law DEFINITION 6 Procedural law comprises the rule by which a court hears and determines what happens in civil lawsuit, criminal or administrative s. TERM 7 Statutory Law DEFINITION 7 Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary). TERM 8 Case Law DEFINITION 8 Case law is the reported decisions of selected appellate and other courts (called courts of first impression) which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis. TERM 9 Regulations DEFINITION 9 Regulation is "controlling human or societal behavior by rules or restrictions." Regulation can take many forms: legal restrictions promulgated by a government authority, self- regulation by an industry such as through a trade association, social regulation (e.g. TERM 10 Regulations can be DEFINITION 10 legal (law making) economic (cost/benefit analysis) social (meeting social agenda) political science (the power to regulate) TERM 21 plaintiff DEFINITION 21 A plaintiff ( in legal shorthand), also known as a claimant or complainant, is the term used in some jurisdictions, for the party who initiates a lawsuit (also known as an action) before a court. TERM 22 defendant DEFINITION 22 A defendant or defender ( in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. TERM 23 how to initiate a lawsuit DEFINITION 23 starts with a summons and complaint; pleadings must be served on the defendant TERM 24 method of serving pleadings DEFINITION 24 personal service, substituted or publications TERM 25 summons DEFINITION 25 Legally, a summons (also known in England and Wales as a claim form) is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. TERM 26 complaint DEFINITION 26 document that contains a short statement of the facts showing the plaintiff is entitled to relief, the jurisdictional basis of the court, and a demand for judgment for relief TERM 27 ways to answer a summons DEFINITION 27 an answer is a document served by the defendant on the plaintiff setting forth the grounds for his or her defense counter claim crossclaim motion to dismiss (demurrer) defualt judgement TERM 28 Counter Claim DEFINITION 28 A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. TERM 29 cross claim DEFINITION 29 A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim Black's Law Dictionary. TERM 30 motion to dismiss DEFINITION 30 A legal motion is a procedural device in law to bring a limited, contested issue before a court for decision. TERM 31 default judgment DEFINITION 31 Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. TERM 32 discovery DEFINITION 32 the right to obtain evidence and facts from the other party TERM 33 types of discovery DEFINITION 33 deposition interrogatories motion for Production physical examination TERM 34 deposition DEFINITION 34 In law, a deposition is the out-of-court testimony of a witness that is reduced to writing for later use in court or for discovery purposes. TERM 35 interrogatories DEFINITION 35 In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.