Management 3450: Final Exam
with complete verified
solutions
law
set of rules enforced by a gov't
plaintiff
party which files a lawsuit against another party
defendant
person who is being sued
contract
legally enforceable promise or set of promises
breach of contract
a failure to fulfill contractual obligations
tort
a civil wrong, other than breach of contract for which the law provides a
remedy
negligence
an unintentional violation of a legal duty to use a standard of care
common law
a system of court-made law where the rules are derived from a previously
decided cases (precedents)
stare decisis
requires courts to follow precedents
judicial review
legal doctrine which says that courts determine the constitutionality of
statutes
natural law
,belief that law comes from principles inspired by God and/or evident from
nature
positivist school
belief that the established gov'ts laws are supreme
traditional school
belief in the theory that laws which have worked in the past are best
suited to shape present law
legal realist school
theorizes that there is no uniform way to interpret or apply the law
case law
law created by courts when they declare the law, particularly in the areas
of contracts and torts, and when it interprets the laws already found in
constitutions and statutes
persuasive authority
law which is not binding on a lawmaker, but which may be influential
uniform codes
statutory frameworks covering a certain area of law which have been
complied by experts for adoption by state legislatures
restatements
common-law schemes compiled by experts to influence courts and to
encourage nationwide consistency
administrative agencies
units of the executive branch created by a legislature to regulate in a
certain area
independent agencies
agencies designed to be free from the direct authority of the president or
governor
executive agencies
admin agencies whose heads are directly subject to the authority of the
president
criminal law
involves wrongs against society punished by the federal, state, or city
gov't through prosecution
, civil law
involves wrongs committed against persons or entities who enforce their
rights by filing lawsuits to obtain money, property or other remedies
substantive law
defines the rights and duties of persons in our society
procedural law
tells us the process by which we enforce rights within our society
statutory law
law adopted by a legislative body
court of equity
one typically seeks an order of the court that something be done or status
be changed
res judicata
typically one or more members of a group of injured parties sue as
plaintiffs on behalf of the rest of the group
standing
the legal requirement that a person or entity must have a tangible
interest in the lawsuit before the person or entity can become a party to
the lawsuit
jurisdiction
refers to the authority of a court to decide a case
venue
place where the litigation is taking place
adjudication
process of litigation resulting in a binding judgement
adversary system
used in our courts that requires that opposing parties in a lawsuit present
evidence to a judge or jury
evidence
the testimony, documents and object admitted at trial for consideration by
the fact finder
courts of limited jurisdiction
with complete verified
solutions
law
set of rules enforced by a gov't
plaintiff
party which files a lawsuit against another party
defendant
person who is being sued
contract
legally enforceable promise or set of promises
breach of contract
a failure to fulfill contractual obligations
tort
a civil wrong, other than breach of contract for which the law provides a
remedy
negligence
an unintentional violation of a legal duty to use a standard of care
common law
a system of court-made law where the rules are derived from a previously
decided cases (precedents)
stare decisis
requires courts to follow precedents
judicial review
legal doctrine which says that courts determine the constitutionality of
statutes
natural law
,belief that law comes from principles inspired by God and/or evident from
nature
positivist school
belief that the established gov'ts laws are supreme
traditional school
belief in the theory that laws which have worked in the past are best
suited to shape present law
legal realist school
theorizes that there is no uniform way to interpret or apply the law
case law
law created by courts when they declare the law, particularly in the areas
of contracts and torts, and when it interprets the laws already found in
constitutions and statutes
persuasive authority
law which is not binding on a lawmaker, but which may be influential
uniform codes
statutory frameworks covering a certain area of law which have been
complied by experts for adoption by state legislatures
restatements
common-law schemes compiled by experts to influence courts and to
encourage nationwide consistency
administrative agencies
units of the executive branch created by a legislature to regulate in a
certain area
independent agencies
agencies designed to be free from the direct authority of the president or
governor
executive agencies
admin agencies whose heads are directly subject to the authority of the
president
criminal law
involves wrongs against society punished by the federal, state, or city
gov't through prosecution
, civil law
involves wrongs committed against persons or entities who enforce their
rights by filing lawsuits to obtain money, property or other remedies
substantive law
defines the rights and duties of persons in our society
procedural law
tells us the process by which we enforce rights within our society
statutory law
law adopted by a legislative body
court of equity
one typically seeks an order of the court that something be done or status
be changed
res judicata
typically one or more members of a group of injured parties sue as
plaintiffs on behalf of the rest of the group
standing
the legal requirement that a person or entity must have a tangible
interest in the lawsuit before the person or entity can become a party to
the lawsuit
jurisdiction
refers to the authority of a court to decide a case
venue
place where the litigation is taking place
adjudication
process of litigation resulting in a binding judgement
adversary system
used in our courts that requires that opposing parties in a lawsuit present
evidence to a judge or jury
evidence
the testimony, documents and object admitted at trial for consideration by
the fact finder
courts of limited jurisdiction
