Chapter 1 Vocabulary Flashcards
Understand the basic Structure of Law and Legal Reasoning. (25 cards)
Administrative Agency
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.
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.
allege
To state, recite, assert, or charge.
appellant
The party who takes an appeal from one court to another.
Bindig Authority
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.
Breach
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.
Case Law
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.
Case on Point
A previous case involving factual circumstances and issues that are similar to those in the case before the court.
chancellor
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.
citation
A reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found.
civil law
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
common law
That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
concurring opinion
A written opinion outlining the views of a judge or justice to make or emphasize a point that was not made or emphasized in the majority opinion.
constitutional law
Law that is based on the U.S. Constitution and the constitutions of the various states.
court of equity
A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.
court of law
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.
cyberlaw
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.
damages
Money sought as a remedy for a breach of contract or for a tortious act.
defendant
One against whom a lawsuit is brought; the accused person in a criminal proceeding.
defense
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking.
dissenting opinion
A written opinion by a judge or justice who disagrees with the majority opinion.
equitable maxims
General propositions or principles of law that have to do with fairness (equity).
executive agency
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.
historical school
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.
