Chapter 1

Question 1

stare decisis

Answer 1

(pronounced ster-ay dih-si-ses) A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

Question 2

administrative agency

Answer 2

A federal, state, or local government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts.

Question 3

administrative law

Answer 3

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.

Question 4

allege

Answer 4

To state, recite, assert, or charge.

Question 5

analogy

Answer 5

In logical reasoning, an assumption that if two things are similar in some respects, they will be similar in other respects also. Often used in legal reasoning to infer the appropriate application of legal principles in a case being decided by referring to previous cases involving different facts but considered to come within the policy underlying the rule.

Question 6

appellant

Answer 6

The party who takes an appeal from one court to another.

Question 7

appellee

Answer 7

The party against whom an appeal is taken_that is, the party who opposes setting aside or reversing the judgment.

Question 8

binding authority

Answer 8

Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

Question 9

breach

Answer 9

To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society.

Question 10

case law

Answer 10

The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

Question 11

case on point

Answer 11

A previous case involving factual circumstances and issues that are similar to the case before the court.

Question 12

chancellor

Answer 12

An adviser to the king at the time of the early king’s courts of England. Individuals petitioned the king for relief when they could not obtain an adequate remedy in a court of law, and these petitions were decided by the chancellor.

Question 13

citation

Answer 13

A reference to a publication in which a legal authority_such as a statute or a court decision_or other source can be found.

Question 14

civil law

Answer 14

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

Question 15

common law

Answer 15

That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

Question 16

constitutional law

Answer 16

Law that is based on the U.S. Constitution and the constitutions of the various states.

Question 17

court of equity

Answer 17

A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.

Question 18

court of law

Answer 18

A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king’s courts, courts of law were distinct from courts of equity.

Question 19

criminal law

Answer 19

Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

Question 20

cyberlaw

Answer 20

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

Question 21

cybernotary

Answer 21

A legally recognized authority that can certify the validity of digital signatures.

Question 22

damages

Answer 22

Money sought as a remedy for a breach of contract or for a tortious act.

Question 23

defendant

Answer 23

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

Question 24

defense

Answer 24

Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking.

Question 25

equitable maxims

Answer 25

General propositions or principles of law that have to do with fairness (equity).

Question 26

executive agency

Answer 26

An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.

Question 27

historical school

Answer 27

A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be.

Question 28

independent regulatory agency

Answer 28

An administrative agency that is not considered part of the government’s executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause.

Question 29

jurisprudence

Answer 29

The science or philosophy of law.

Question 30

laches

Answer 30

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.

Question 31

law

Answer 31

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

Question 32

legal realism

Answer 32

A school of legal thought that was popular in the 1920s and 1930s and that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more pragmatic approach to the law, an approach that would take into account customary practices and the circumstances in which transactions take place. The school left a lasting imprint on American jurisprudence.

Question 33

legal reasoning

Answer 33

The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases.

Question 34

natural law

Answer 34

The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the most significant schools of legal thought.

Question 35

opinion

Answer 35

A statement by the court expressing the reasons for its decision in a case.

Question 36

ordinance

Answer 36

A law passed by a local governing unit, such as a municipality or a county.

Question 37

petitioner

Answer 37

In equity practice, a party that initiates a lawsuit.

Question 38

plaintiff

Answer 38

One who initiates a lawsuit.

Question 39

positive law

Answer 39

The body of conventional, or written, law of a particular society at a particular point in time.

Question 40

positivist school

Answer 40

A school of legal thought whose adherents believe that there can be no higher law than a nation’s positive lawthe body of conventional, or written, law of a particular society at a particular time.

Question 41

precedent

Answer 41

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

Question 42

procedural law

Answer 42

Rules that define the manner in which the rights and duties of individuals may be enforced.

Question 43

public policy

Answer 43

A government policy based on widely held societal values and (usually) expressed or implied in laws or regulations.

Question 44

remedy

Answer 44

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

Question 45

remedy at law

Answer 45

A remedy available in a court of law. Money damages are awarded as a remedy at law

Question 46

remedy in equity

Answer 46

A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation.

Question 47

reporter

Answer 47

A publication in which court cases are published, or reported.

Question 48

respondent

Answer 48

In equity practice, the party who answers a bill or other proceeding.

Question 49

sociological school

Answer 49

A school of legal thought that views the law as a tool for promoting justice in society.

Question 50

statute of limitations

Answer 50

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

Question 51

statutory law

Answer 51

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

Question 52

substantive law

Answer 52

Law that defines the rights and duties of individuals with respect to each other, as opposed to procedural law, which defines the manner in which these rights and duties may be enforced.

Question 53

syllogism

Answer 53

A form of deductive reasoning consisting of a major premise, a minor premise, and a conclusion.

Question 54

uniform law

Answer 54

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. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.