7/31/2019 Be 325 Definitions

1/1

ch failure to perform or breaking of contract

titutional law law as expressed in the constitution. supreme law of the land

utory law laws enacted by legislative bodies at any level of government

nances statutes (laws, rules, or orders) passed by municipal or county governing units

inistrative law rules of administrative agencies

mages an amount given to a party whose legal interests have been damaged

ue of limitations reasonable time, under law, that legal action can be sought in specific cases

e decisis the practice of deciding new cases with reference to former decisions (precedent)

diction refers to geographic area in which a court or courts have to power to apply law

ic policy governmental policy based on widely held societal values

l reasoning reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts of the case

prudence the theory and philosophy of law

ral law the belief that a higher or universal law exists that applies to allow human beings and that written laws should imitate these inherent princip

tantive law consists of all laws that define, describe, regulate, and create legal rights and obligations

edural law consists of all laws that delineate the methods of enforcing the rights established by substantive law

law spells out the rights and duties that exist between persons and between persons and their governments

inal law concerned with wrongs committed against the public as a whole

erlaw concerns transactions conducted via the Internet

nions written explanation of court decisions

cial review process of judiciary branch deciding whether other two branches' laws and actions are constitutional

ersonam jurisdiction jurisdiction that can be exercised over any person or business that resides in certain geographic aream jurisdiction jurisdiction over property in certain geographic area

arm statue court can exercise jurisdiction over certain out-of-state defendants based on activities that took place within the state

orate contracts corporations are considered legal persons

current jurisdiction when both federal and state courts have the power to hear a case

usive jurisdiction when cases can only be tried in federal court OR state court

of certiorari written order to lower court requesting record of case for review

otiation parties come informally, with or without attorneys

iation third party acts as mediator, can be legally binding or not legally binding

tration arbitrator hears dispute and imposes resolution on parties involved

cs study of what constitutes right or wrong behavior

ness ethics focuses on what is right and wrong behavior in business world, has to do with how businesses apply moral and ethical principles

al minimum minimum acceptable standard for ethical business behavior

anes-Oxley Act companies to set up confidential systems so that employees can raise red flags about suspected illegal, unethical auditing accounting practic

gorical imperative individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted the same way

tarianism philosophical theory focused on consequences of action, not the nature of the action itself

orate social responsibility idea that those who run corporations can and should act ethically and be accountable to society for the actions

merce clause prevents states from establishing laws and regulations that would interfere with trade and commerce among the states

ene speech not protected under federal law or the first amendment

edural due process government must give a person proper notice and opportunity to be heard

tantive due process protects an individual's life, liberty, or property against certain government actions regardless of fairness of procedures used to implement th

al protection clause state may not deny to any person within its jurisdiction the equal protection of the laws

t scrutiny if law or action prohibits person from exercising fundamental right, subject to strict scrutiny. classification based on "suspect trait" is necessa

ity principle that states one nation will defer and give effect to the laws of another nation as long as those laws are consistent with laws of accommodating