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Business Law Today (Chapter 1)

put on trial or hear a case and sit as the judge at the trial of
administrative agency
A federal, state, or local government unit established to perform a specific function. Administrative agencies are created and authorized by legislative bodies to administer and enforce specific laws.
administrative law
the body of rules and regulations and orders and decisions created by administrative agencies of government
administrative law judge
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
administrative process
The procedure used by administrative agencies in the administration of law.
bill of rights
The first ten amendments to the Constitution
binding 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.
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.
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.
commerce clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
constitutional law
The body of law derived from the U.S. Constitution and the constitutions of the various states.
criminal law
Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.
cyber law
An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.
One against whom a lawsuit is brought; the accused person in a criminal proceeding.
due process clause
A clause to the Fifth and Fourteenth Amendments that says no person shall be deprived of “life, liberty or property” without due process of the law.
enabling legislation
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.
equal protection clause
provision in the Fourteenth Amendment to the US Constitution which prohibits states from discriminating against people arbitrarily. All Americans are, thus, guaranteed “equal protection of the laws.” This amendment was passed in 1868, mainly to protect African-Americans, many of whom had previously lived under slavery, from discrimination on the basis of race.
equitable principles and maxims
General propositions or principles of law that have to do with fairness
establishment clause
provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state.
federal form of government
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states.
filtering software
A computer program that is designed to block access to certain Web sites based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.
free exercise clause
a first amendment provision that prohibits government from interfering with the practice of religion
international law
the law that governs relations among nations. International customs and treaties are important sources of international law.
science/philosophy of law
a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
legislative rule
an administrative agency rule that carries the same weight as a congressionally enacted statute.
meta tag
A key word in a document that can serve as an index reference to the document. On the web, search engines return results based, in part, on these tags in Web documents.
national law
Law that pertains to a particular nation (as opposed to international law).
a regulation enacted by a city or county legislative body to govern matters not covered by state or federal law.
persuasive authority
Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law.
one who begins a lawsuit
police power
the states have the power to protect and promote the public health, safety, morals, and general well-being of all the people. When its use conflicts with civil rights protections, the courts must balance the needs of society against individual rights.
something preceding in time which may be used as an authority or guide for future action; V. precede; CF. unprecedented
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
primary source of law
A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.
procedural law
law that establishes the methods of enforcing the rights established by substantive law
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rulemaking involves notifying the public of a proposed rule or change and receiving and considering the public’s comments.
secondary source of law
A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.
stare decisis
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
statute of limitations
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
statutory law
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
supremacy clause
statement in Article VI of the Constitution establishing that the constitution, laws passed by Congress, and treaties of the United States “shall be the Supreme Law of the Land”
symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
uniform law
A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.

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