question

Enforceable rules governing relationships among individuals and between individuals and their society:

answer

LAW

question

A document that establishes the law on a particular issue:

answer

PRIMARY SOURCE OF LAW

question

What are the four primary sources of law in the US:

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(1) A constitution (2) A statue - laws passed by congress and by state legislatures (3) An administrative rule - regulations created by administrative agencies (4) A court decision - case law

question

A publication that summarizes or interprets the law:

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SECONDARY SOURCE OF LAW

question

What are three secondary sources of law in the US:

answer

(1) A legal encyclopedia (2) A legal treatise (3) An article in a law review

question

The body of law derived from the US Constitution and the constitutions of the various states:

answer

CONSTITUTIONAL LAW

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The body of law enacted by legislative bodies: * as opposed to constitutional law, administrative law, or case law

answer

STATUTORY LAW

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

answer

ORIDNANCE

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A model law developed in 1892 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) for the states to consider enacting into statue:

answer

UNIFORM LAW

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Facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions:

answer

THE UNIFORM COMMERCIAL CODE (UCC)

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This was created through the joint efforts of the NCCUSL and the American Law Institute and first issued in 1952:

answer

UCC

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The body of law created by administrative agencies in order to carry out their duties and responsibilities:

answer

ADMINISTRATIVE LAW

question

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment:

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ADMINISTRATIVE AGENCY

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What are the two types of agencies at the federal level:

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(1) executive agencies (2) independent regulatory agencies

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______ agencies are subject to the authority of the president, who has the power to appoint and remove their officers:

answer

Executive

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______ agencies officers serve for fixed terms and cannot be removed without just cause:

answer

INDEPENDENT

question

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:

answer

ENABLING LEGISLATION

question

The __________ was created in 1914 by the Federal Trade Commission Act, which prohibits unfair and deceptive trade practices:

answer

FEDERAL TRADE COMMISSION (FTC)

question

To render a judicial decision

answer

ADJUDICATE

question

______ is the trial-like proceeding in which an administrative law judge hears and resolves disputes involving an administrative agency's regulations:

answer

ADJUDICATION

question

The procedure used by administrative agencies in administering the law:

answer

ADMINISTRATIVE PROCESS

question

The process by which an administrative agency formally adopts a new regulation or amends an old one:

answer

RULEMAKING

question

An administrative agency's rule that carries the same weight as a congressionally enacted statute:

answer

LEGISLATIVE RULE

question

What Act imposes strict procedural requirements that agencies must follow in legislative rulemaking and other functions:

answer

The Administrative Procedure Act of 1946

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The __________ of 1970 authorized the Occupational Safety and Health Administration (OSHA) to develop and issue rules governing safety in the workplace:

answer

OCCUPATIONAL SAFETY AND HEALTH ACT

question

A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces:

answer

INTERPRETIVE RULE

question

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:

answer

ADMINISTRATIVE LAW JUDGE (ALJ)

question

Do administrative agencies exercise too much authority:

answer

* Agency rulemaking must comply with the requirements of the Administrative Procedure Act (APA), the act applies only to legislative, not interpretive, rulemaking. * In addition, the APA is largely procedural and aimed at preventing arbitrariness. * Yet administrative agencies' powers often go unchecked by the other branches of government, causing some to suggest that it's unethical for agencies to wield so many powers. PAGE 10

question

The rules of law announced in court decisions:

answer

CASE LAW

question

______ interprets statutes, regulations, constitutional provisions, and other laws:

answer

CASE LAW

question

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

answer

COMMON LAW

question

What is the Common Law Tradition:

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Much of American law is based on the English Legal System

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

answer

PRECEDENT

question

When might a court depart from precedent:

answer

If a court decides that a precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable, the court may rule contrary to the precedent. PAGE 12

question

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions: * "to stand on decided cases"

answer

STARE DECISIS

question

__________ include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within a jurisdiction:

answer

BINDING AUTHORITY

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

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BINDING AUTHORITY

question

Courts normally must follow the rules set forth by __________ in deciding cases with similar fact patterns:

answer

HIGHER COURTS

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Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision: * AKA: "cases of first impression"

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PERSUASIVE AUTHORITY

question

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

answer

REMEDY

question

Elena is injured because of Rowan's wrongdoing. If Elena files a lawsuit and is successful, a court can order Rowan to compensate Elena for the harm by paying her a certain amount. The compensation is Elena's ______:

answer

REMEDY

question

One who initiates a lawsuit:

answer

PLAINTIFF

question

One against whom a lawsuit is brought, or the accused person in a criminal proceeding:

answer

DEFENDANT

question

What is the difference between Remedies at Law and Remedies in Equity:

answer

* Remedies at law are for monetary damages * Equitable relief comes in the form of actions (specific performance or an injunction)

question

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

answer

EQUITABLE PRINCIPLES AND MAXIMS

question

* Even though courts of law and equity have merged, the courts will not grant a(n) _________ unless the _______ is inadequate:

answer

Equitable Remedy Remedy at Law

question

The science or philosophy of law:

answer

JURISPRUDENCE

question

The oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature:

answer

NATURAL LAW

question

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

answer

SOCIOLOGICAL SCHOOL

question

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government: * Laws must be obeyed, even if they are unjust, to prevent anarchy

answer

LEGAL POSITIVISM

question

A school of legal thought that looks to the past to determine what the principles of contemporary law should be: * More likely to adhere stictley to decisions made in past cases

answer

HISTORICAL SCHOOL

question

A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account: * Different judges will obviously bring different reasoning processes to the same case

answer

LEGAL REALISM

question

Law that defines, describes, regulates, and creates legal rights and obligations:

answer

SUBSTANTIVE LAW

question

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

answer

PROCEDURAL LAW

question

_________ establish the method where an employee must notify the employer of an on-the-job injury, prove the injury, and periodically submit proof to continue with workers' comp. benefits:

answer

PROCEDURAL LAW

question

________ provide employees with the right to workers' comp. benefits for any on-the-job injuries they sustain:

answer

SUBSTANTIVE LAW

question

An informal term used to refer to all laws governing electronic communications and transactions, particularly those conduced via the internet:

answer

CYBERLAW

question

Dealing with relationship between persons:

answer

PRIVATE LAW

question

A law addressing the relationship between persons and their governments:

answer

PUBLIC LAW

question

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

answer

CIVIL LAW

question

A system of law derived from Roman law that is based on codified laws (rather than on case precedents):

answer

CIVIL LAW SYSTEM

question

The branch of law that defines and punishes wrongful actions committed against the public:

answer

CRIMINAL LAW

question

Penalties for violations of criminal statutes consist of:

answer

Fines and/or imprisonment and, in some cases, death

question

What are some important differences between Civil Law and Criminal Law:

answer

* In a Civil Case the object is to obtain a remedy (like monetary damages) to compensate the injured party. Civil defendants are prosecuted by their victims or other private parties. * In a Criminal Case the object is to punish the wrongdoer in an attempt to deter others from similar actions. Criminal defendants are prosecuted on behalf of the state.

question

Law that pertains to a particular nation (as opposed to international law): * Laws varies from country to country

answer

NATIONAL LAW

question

The law that governs relations among nations: * A body of written and unwritten laws

answer

INTERNATIONAL LAW

question

The key difference between National Law and International Law is that:

answer

Government authorities can enforce national law

question

A court opinion that represents the views of the majority (more than half) of the judges or justices deciding the case:

answer

MAJORITY OPINION

question

A court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number:

answer

PLURALITY OPINION

question

A court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority's opinion:

answer

CONCURRING OPINION

question

A court opinion that presents the views of one or more judges or justices who disagree with the majority's decision:

answer

DISSENTING OPINION

question

A court opinion that does not indicate which judge or justice authorized the opinion:

answer

PER CURIAM OPINION

CHAPTER 1: THE LEGAL ENVIRONMENT OF BUSINESS – Flashcards

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