Exam 1 Flashcards Preview

Legal Environment of Business > Exam 1 > Flashcards

Flashcards in Exam 1 Deck (43)
Loading flashcards...
1

Primary Source of Law

Doc. establishes law on a particular issue
Constitution, statute, administrative rule, court decision

2

Secondary Source of Law

Publication summarizes law
Legal encyclopedia, legal treatise, an article in a law review

3

Constitutional Law

Body of law derived from US Const. and the constitutions of various states

4

Statutory Law

Body of law enacted by legislative bodies

5

Uniform Law

Model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

6

Administrative Law

Body of law created by administrative agencies to carry out duties/responsibilities

7

Administrative Agency

Federal, state, local gov't agency established to perform function (FCC, etc.)

8

Administrative Procedures Act (APA)

Imposes strict procedural requirements that agencies must follow in legislative rule-making

9

Enabling Legislation

Statute enacted by Congress, authorizes creation of an administrative agency

10

Quasi-gov't branch powers

Not mentioned in Constitution, given to APA

11

Common Law

Body of law developed from custom/judicial decision in English/U.S. courts, not attributable to legislature

12

Precedent

Court decision furnishes example or authority for deciding subsequent cases involving identical facts

13

Stare Decisis

Common law doctrine where judges are obligated to follow precedents

14

Binding Authority

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

15

Persuasive Authority

Legal authority that court can look to for guidance, need not follow when making decision

16

Plaintiff

Initiator of lawsuit

17

Defendant

Accused person of criminal proceeding, one against whom lawsuit is brought

18

Substantive Law

Defines, describes, regulates, creates legal rights and obligations

19

Procedural Law

Establishes methods of enforcing rights established in substantive law

20

Criminal aw

Branch of law that defines wrongful actions committed against the public

21

Civil Law

Branch of law dealing with definition and enforcement of private and public rights

22

Supremacy clause

SUPREME LAW OF THE LAND

23

Checks and Balances

The principle under which each of the the three branches of gov't can limit power of the others

24

Commerce Clause

Provision in Article I, Section 8, gives congress power to regulate interstate commerce

25

Federal Form of Gov't

System of gov't in which state form union and sovereign power is divided between central gob't and member states

26

Police Powers

Powers possessed by states as part of inherent sovereignty, may be exercised to protect or promote public order, health, safety, etc., 10th Amendment

27

Preemption

Doctrine under which federal laws take precedence over conflicting state/local laws

28

Bill of Rights

First ten amendments

29

Symbolic Speech

Nonverbal expression of belief, gestures, clothing, protection by courts

30

Compelling Government Interest

Test of constitutionality requires gov't to have convincing reasons for passing any law that restricts fundamental rights, such as free speech