This time limit within which a lawsuit must be filed is called the: ** Answ**
statute of limitations.
In private arbitrations: ** Answ** the two parties agree to arbitrate.
Law ** Answ** a body of rules of action or conduct prescribed by controlling
authority and having binding legal force
Current state of law creates: ** Answ** duties, obligations, and rights that
reflect accepted views of a given society
Law can be written code prescribed by: ** Answ** elective legislative body
contract law ** Answ** law that refers to certain rules regarding agreements
Employment Law ** Answ** regulate certain rights of employees
jurisprudence ** Answ** science and philosophy of law; used to describe
various approaches to the appropriate function of law and how legal doctrines
should be developed and applied
Primary Purposes of Law: ** Answ** (1) system of order that defines crimes
and levies punishment for violations;
(2) resolving disputes
(3) business planning and commercial transactions reliable by promoting good
faith and fair dealing among merchants and consumers.
legal terms can be referred to as: ** Answ** jargon or legalese
litigator ** Answ** a trial attorney/lawyer
American law ** Answ** based on English common law
,constitutional law ** Answ** interpreting state and federal constitutions also
the foundation for all other law in the U.S. and is supreme law of land
-establishes a structure for federal and state governments
-grants certain enumerated powers to different branches
-allows shared powers
-establishes civil rights for individuals
provides protections for citizens against wrongful government actions
-different from other laws due to presence and preemption
Statutory Laws ** Answ** passed by federal and state legislature and then
either approved or rejected by the executive branch
bill ** Answ** drafted statute and hasn't been passed
Who is the executive legislative body for the passage of federal law? ** Answ**
U.S. Congress
On federal level passage of bill ** Answ** President can sign bill into law or
veto it; Congress can overpass with 2/3 majority vote
oridinance ** Answ** (local regulations) written laws at a local level
plain meaning rule ** Answ** principle that if the words in a statute have clear
and widely understood meanings, the court applies it
statutory scheme ** Answ** structure of a statute and the format of its
mandates
Administrative law ** Answ** source of law that authorizes the exercise of
authority by executive branch agencies and independent gov agencies
preemption ** Answ** primary sources of law are applied consistent with a
hierarchy in which one source if two sources conflict
, secondary sources ** Answ** sources of law that have no independent
authority or legally binding effect but can be used to illustrate a point or clarify a
legal issue
citation ** Answ** special format used by legal community to express where a
statute or case law con be found
civil laws ** Answ** designed to compensate parties for losses (damages) as a
result of another's conduct
criminal laws ** Answ** designed to protect society, and the violation of
criminal laws results in penalties to the violator such as fines or imprisonment
substantive laws ** Answ** provide individuals with rights and create certain
duties
procedural laws ** Answ** laws that provide a structure and set out rules for
pursuing substantive rights
Two Types: civil and criminal
fourth amendment ** Answ** protects citizens against unreasonable searches
and seizures, a substantive right of privacy specifies the procedural steps that must
be taken to override the substantive rights in question in order to obtain a search
warrant
Money Damages ** Answ** a court orders the wrongdoer to pay another party
a certain sum of money to compensate for any losses suffered as a result of the
wrongdoers conduct
equitable relief ** Answ** relief granted in the form of either specific
performances or an injunction when monetary damages are insufficient due to the
unique or irreversible consequences of the breach
precedent ** Answ** applying the law made in previous appellate court
opinions to concurrent cases with similar facts; binding on the trial courts