Chapter 1

Question 0

Administrative law

Answer 0

Consist of the rules, orders, and decisions of adminstrative agencies

Question 1

Administrative Agency

Answer 1

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

Question 2

Allege

Answer 2

Claim

Question 3

Analogy

Answer 3

To compare the facts in the case at hand to the facts in other cases and to the extent that the patterns are similar, to apply the same rule of law to the present case

Question 4

Appellant

Answer 4

When a case is appealed from the original court or jurisdiction to another court or jurisdiction the party appealing the case is called the appellant.

Question 5

Appellee

Answer 5

Is the party against whom the appeal is taken.

Question 6

Binding Authority

Answer 6

A case precedent, statue, or other source of law that a court must follow when deciding a case.

Question 7

Breach

Answer 7

Breaks, or fails to perform

Question 8

Case Law

Answer 8

the law as established by the outcome of former cases.

Question 9

Case On Point

Answer 9

Previously decided cases that are similar as possible to the one under consideration

Question 10

Chancellor

Answer 10

An advisor to the king called a chancellor who had the power to grant new and unique remedies

Question 11

Citation

Answer 11

Is a reference to a publication in which a legal Authority such as a statue or a court decision or other source can be found

Question 12

Civil law

Answer 12

Spell out the rights and duties that exist between persons and between persons and their government as well as the relief available when a person’s rights are violated

Question 13

Common Law

Answer 13

A body of general rules that applied throughout the entire English realm.

Question 14

Constitutional law

Answer 14

Is the law as expressing these constitutions

Question 15

Court Of Equality

Answer 15

Most of these petitions Will decided by an advisor to the king called a chancellor Who has the power to grant new and unique remedies. Eventually formal Chancery Courts, or courts of equality, were established.

Question 16

Court of Law

Answer 16

If one person wronged another in some way, the Kings Court could award as a composition one or more of the following 1. Land, 2. Items of value 3. Money. The courts that awarded this compensation became known as court of law

Question 17

Criminal Law

Answer 17

In contrast is concerned with wrongs committed against the public as a whole.

Question 18

Cyberlaw

Answer 18

Emerging body of laws that govern transactions conducted via Internet

Question 19

Damages

Answer 19

An amount given to a party whose legal interests have been injured

Question 20

Defendant

Answer 20

The party being sued

Question 21

Defense

Answer 21

Is a argument raised by the defendant

Question 22

Equitable Maxims

Answer 22

Propositions or general statements of equitable rules.

Question 23

Executive Agency

Answer 23

At the national level numerous executive agencies exist within the cabinet departments of the executive branch. The FDA for example is an agency within the Department of Health and Human Services

Question 24

Historical School

Answer 24

The historical school of legal thought emphasizes the evolutionary process of law white concentrating on the origin and history of the legal system

Question 25

Independent regulatory agency

Answer 25

There are also major independent regulatory agencies at the federal level such as Federal Trade Commission the securities and exchange commission on the Federal Communications Commission

Question 26

Jurisprudence

Answer 26

Involves learning about different schools of jurisprudential thought and discovering how the approaches to Law characteristic of each school can affect judicial decision-making

Question 27

Laches

Answer 27

"Lax" or "Negligent" and it can be used as a defense.

Question 28

Law

Answer 28

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

Question 29

Legal Realism

Answer 29

Is based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. The law is a human enterprise and judges should take social and economic realities into account when deciding cases.

Question 30

Legal Reasoning

Answer 30

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.

Question 31

Natural Law

Answer 31

Denotes a system of moral and ethical principals that are inherent in human nature and that people can discover through the use of their natural intelligence or reason.

Question 32

Opinion

Answer 32

The opinion contains the courts reasons for its decision the rules of law that apply and the judgement.

Question 33

Ordinance

Answer 33

Statutes passed by municipal or country governing units to govern matters not covered by federal or state law.

Question 34

Petitioner

Answer 34

The party bringing a lawsuit

Question 35

Plaintiff

Answer 35

The suing party

Question 36

Positive Law

Answer 36

Or natural law (the written law of a given society at a particular point in time) only applies to the citizens of that nation or society

Question 37

Positivist School

Answer 37

Believe that there can be no higher law than a nations positive law

Question 38

Precedent

Answer 38

A decision that furnished an example or authority for deciding subsequent cases involving similar legal principles or facts.

Question 39

Procedural Law

Answer 39

Consists of all laws that delineate the methods of enforcing the rights established by substantive law.

Question 40

Public Policy

Answer 40

Governmental policy based on widely held societal values and data and concepts drawn from the social sciences.

Question 41

Remedy

Answer 41

The legal means to enforce a right

Question 42

Remedies at Law

Answer 42

Award land, money or items of valve for a wrong