Legal Environment Of Business- Test 1

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The philosophy of the law

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Jurisprudence

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The theory that law is the set of rules adopted by the lawful authority which governs that nation.

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Positivism

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Those who hold that law is simply the body of rules enforced by the courts and society.

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Legal Realists

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The theory that law is the set of rules which express the choices of people in a free market system.

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law and economics movement

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The theory that law is the basic system of moral principles developed through the power of reasoning, analysis, religion, and philosophy.

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natural law

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The theory that law has been dominated by males and needs to adjust to more accurately include female views and experiences.

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feminist jurisprudence

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The theory that law is the product of social forces and social movements involving different segments of the population.

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sociological jurisprudence

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The theory that law is produced and shaped by important historical facts and developments.

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Historical jurisprudence

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The theory that laws, particularly those which represent a positivist view, are rules established by those who are currently in power.

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Critical legal Studies Movement

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Violation of a specific statute, enacted by the legislature to protect society, which carries penalties such as fine or imprisonment.

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criminal law

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The body of law that allows one person or firm to sue a second person or firm for physical or economic damages caused by the second party.

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Civil Law

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The person who files a civil lawsuit against another.

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Plaintiff

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The person against whom a civil or criminal lawsuit is brought.

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Defendant

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The standard of proof in a criminal case, which requires the prosecutor to prove each essential element to the point where no member of the jury has any reasonable doubt as to its existence.

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beyond all reasonable doubt

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Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; the standard of proof ina civil case.

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Preponderance of the evidence

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The legal principles that define one's rights in specific subject areas.

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Substantive law

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The legal rules governing court processes and procedures.

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Procedural Law

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Civil cases in which the plaintiff seeks money damage

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Actions at law

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Civil cases in which the plaintiff seeks to have the court order the defendant to do something or not to do something.

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actions in equity

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A court order which requires a party to perform a contract as agreed.

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specific performance

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A court order directing the defendant Not to do something.

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Injunction

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A court order cancelling a contract

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Rescission

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The heading of a court case, which contains the names of the parties, the volume and page of the set of books where it can be found, the court, and the year of the decision.

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Case citation

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A law enacted by the U.S. Congress or by a state legislature.

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Statute

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A law enacted by a city or town council.

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Ordinance

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The power of the courts to interpret laws enacted by legislatures.

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statutory interpretation

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Congress has the power to regulate commerce

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Commmerce Clause

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Legal theories that arise from precedents established by court decisions, not legislative statutes.

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common law

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Judicial decisions used to establish standards for subsequent similar cases

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precedents

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The legal principle that decisions of a higher court in previous cases establishing legal theories must be followed by lower courts in that jurisdiction

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stare decisis

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the party who appeals a case to a higher court, after a trial court decision

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Appellant

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The party who is defending the lower court decision in an appellate court.

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Appellee

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The request to the U.S. Supreme Court to hear a particular case

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Writ of certiorari

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The power of a court to hear and decide a case.

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Jurisdiction

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Certain courts have been given power over specific subjects and trial courts are often given power to hear cases only involving only a certain amount of money or particular types of criminal charges

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Subject matter jurisdiction

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The power of the court over the parties

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personal jurisdiction

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A law giving the courts of one state jurisdiction over a non-resident defendant

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long-arm statute

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The particular court location within a specific court system, where a case should be heard

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Venue

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Federal jurisdiction based on the fact that the case involves an issue of federal law

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federal question jurisdiction

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Federal jurisdiction based on the fact that parties live in different states, and the case involves $75,000 or more.

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diversity jurisdiction

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A type of case in which either the state or federal courts would have jurisdiction

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Concurrent jurisdiction

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If plaintiff files a case in state court and defendant decides he would rather be in federal court

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petition for removal

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The requirement that one or more of the plaintiffs in a case show that they have actually suffered some direct effect or loss due to the defendant's actions.

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standing

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A type of lawsuit in which a few plaintiffs act to represent a much larger group, who have suffered the same type of injury.

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class action

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The sharing of power between the federal and state governments

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federalism

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The clause in the U.S. Constitution that establishes the Constitution as the final authority in the land, superior to conflicting state laws.

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The Supremacy Clause

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When the federal government acts to regulate an area in which it has been given power under the Constitution, its laws and regulations preempt any state laws or actions that infringe directly or indirectly on federal power

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preemption doctrine

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Each party in a lawsuit normally payes his or her own lawyer whether the case is won or lost

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The American Rule

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Where the lawyer charges the client a specified rate for each hour spent on the client's legal matters

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Hourly fee

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An advance payment to secure the services of a lawyer

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retainer

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When a lawyer charges a fixed fee for a specific service

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set fee

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When the lawyer's fee is a certain percentage of the total money obtained by the client, at trial or by settlement

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contingent fee

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The plaintiff's version of the events that led to the suit, and request for damages or other relief.

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complaint

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The person who files a civil lawsuit against another.

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plaintiff

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the person or persons against whom the case is filed

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defendant

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A document issued by the court when a civil case is filed. It notifies the defendant of the suit and tells him when an answer must be filed.

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summons

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Delivery of the complaint and summons to the defendant

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service of process

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The defendant's point by point response to the complaint

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answer

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A request by the defendant that the case be dismissed because no valid legal claim has been made

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motion to dismiss

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The court enters judgment for the plaintiff when the defendant fails to answer the complaint

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default judgment

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The defendant in a civil case files a counter action, alleging that the plaintiff has caused some injury to the defendant

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counterclaim

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Claims that even if the plaintiff were to prove all he or she has alleged, there is some legal reason why he or she should lose the case

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affirmative defense

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A law that specifies how many years after an event a person ha sin which to bring a lawsuit

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statute of limitations

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An out-of-court procedure where the attorney for one side can ask direct questions of the opposing party

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deposition

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A set of written questions sent by one side to the opposing party.

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interrogatories

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request for relavant documents in the possession of one party that the other wants to see

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Request for Production of Documents

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The court enters a judgment in favor of one side, without a trial, when there are no "fact issues" in dispute, only legal questions.

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Motion for Summary Judgment

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A meeting between the judge and the lawyers, prior to the trial, to discuss the issues in the case and set the date for the trial

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pre-trial conference

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the process of asking questions to potential jurors, to make sure they can be fair and impartial

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voir dire

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One attorney askes the judge to remove a juror from the jury because of some possible bias

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challenge for cause

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Each side in a case is allowed to excuse a few potential jurors without giving a reason

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peremptory challenge

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When the judge enters a verdict, after the evidence has been presented, because one side has failed to prove some essential element of the case.

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directed verdict

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The judge gives the jury instructions on legal issues they must decide and rules they should apply to the case before them.

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jury instructions

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The judge enters a judgment different from the jury verdict

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Judgment N.O.V.

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A written documen tcontaining the party's legal arguments

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brief

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The party desiring to appeal

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appellant

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the other side that oppposes the appeal

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appellee

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the rule of precedent

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stare decisis

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designed to compensate the plaintiff for the actual direct costs of the harm caused by the defendant

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Compensatory Damages

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the cost of further damages outside of COmpensatory damages

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Consequential Damages