BA 3310-Glossary Chapter 1,2,6.docx - Chapter 1 stare...

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Chapter 1stare decisis(pronounced star-ay dih-si-ses) standing on decided casesadministrative agencyA federal, state, or local government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts.administrative lawThe body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.appellantThe party who takes an appeal from one court to another.appelleeThe party against whom an appeal is takenthat is, the party who opposes setting aside or reversing the judgment.binding authorityAny 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.breachTo violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society.case lawThe rules of law announced in court decisions. Case law includes the aggregate of reported casesthat interpret judicial precedents, statutes, regulations, and constitutional provisions.case on pointA previous case involving factual circumstances and issues that are similar to the case before thecourt.citationA reference to a publication in which a legal authority such as a statute or a court decision or other source can be found.civil lawThe branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.common lawThat body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.constitutional lawLaw that is based on the U.S. Constitution and the constitutions of the various states.court of equityA court that decides controversies and administers justice according to the rules, principles, and precedents of equity.court of lawA court in which the only remedies that could be granted were things of value, such as money damages. In the early English king's courts, courts of law were distinct from courts of equity.criminal lawLaw 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.cyberlawAn informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.damagesMoney sought as a remedy for a breach of contract or for a tortious act.defendantOne against whom a lawsuit is brought; the accused person in a criminal proceeding.

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