Legal environment of business :Chapter 1

Adjudicate

to render a judicial decision

Administrative agency

a federal,state, or local government agency established to perform a specific function

Administrative law

the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities

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

Administrative process

the procedure used by administrative agencies in administering the law

Bill of rights

the first ten amendments to the US Constitution

Binding authority

any source of law that a court must follow when deciding a case

Case law

the rules of law announced in court decisions

Citation

a reference to a publication in which a legal authority - such as a statute or court decision- or other source can be found

Civil law

the branch of law dealing with the definition and enforcement of all private and public rights, as opposed to criminal rights

Commerce clause

the provision in Article I, section 8, of the Constitution that gives Congress the power to regulate interstate (and some intrastate) commerce

Common law

the body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature

Constitutional law

the body of law derived from the U.S. Constitution and the constitutions of the various states

Criminal law

law that defines and governs actions that constitute crimes

Cyberlaw

an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet

Defendant

one against whom a lawsuit is brought; the accused person in a criminal proceeding

Due process clause

the provisions in the Fifth and Fourteenth amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law

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

Equal protection clause

the provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that no state will "deny to any person within it's jurisdiction the equal protection of the laws.

Equitable principals and maxims

general propositions or principals of law that have to do with fairness (equity).

Establishment clause

the provision in the First Amendment to the U.S. Constitution that prohibits the government from establishing any state- sponsored religion or enacting any law that promotes religion or favors one religion over another

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

Filtering software

a computer program that is designed to block access to certain web sites, based on their content

Free exercise clause

the provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people's religious practices or forms of worship

International law

the law that governs relations among nations

Jurisprudence

the science or philosophy of law

Law

a body of enforceable rules governing relationships among individuals and between individuals and their society

Legislative rule

an administrative agency rule that carries the same weight as a congressionally enacted statute

Meta tag

a key word in a document that can serve as an index reference to the document

National law

law that pertains to a particular nation ( as opposed to international law)

Ordinance

a regulation enacted by a city or county legislative body that becomes part of that state's statutory law

Persuasive authority

any legal authority or source of law that a court may look to for guidance but on which it need not rely in making it's decision

Plaintiff

one who initiates a lawsuit

Police powers

powers possessed by the states as a part of their inherent sovereignty

Precedent

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

Preemption

a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

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

Procedural law

law that establishes the methods of enforcing the rights established by substantive law

Remedy

the relief given to an innocent party to enforce a right or compensate for the violations of a right

Rule making

the process undertaken by an administrative agency when formally adopting a new regulation or amending an old one

Secondary source of law

a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

Stare decisis

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

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

Statutory law

the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

Substantive law

law that defines, describes, regulates, and creates legal rights and obligations

Supremacy clause

The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties are the " supreme law of the land

Symbolic speech

nonverbal expressions of beliefs

Uniform law

a model law created by the National Conference of Commissioners on Uniform State Laws and/ or the American Law Institute for the states to consider adopting