BLAW Exam1Review

BLAW Exam1Review - DefineTerms Stare decisis...

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Define Terms 07/09/2008 21:32:00 Stare decisis A common law doctrine under which judges are obligated to follow the precedents established in prior decisions Administrative law The body of law created by administrative agencies in order to carry out their duties and responsibilities Allege To state, recite, assert, or charge Analogy In logical reasoning, an assumption that if two things are similar in some respects, they will be similar in other respects also Appellant The party who takes an appeal from one court to another Appellee The party against whom an appeal is taken, that is, the party who opposes setting aside or reversing the judgment Binding authority Any source of law that a court must follow when deciding a case Breach To violate a law, by an act or omission, or to break a legal obligation that one owes to another person or to society Case law The rules of law announced in court decisions Case of first impression a case in which a question of interpretation of law is presented which has never arisen before in any reported case
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Civil law The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters Common law The body of law development from custom or judicial decisions in English and US courts, not attributable to a legislature Concurring opinion A written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner Constitutional law Law that is based on the US Constitution and the constitutions of the various states Equitable remedy Include (specific performance) ordering a party to perform an agreement as promised, (an injunction) ordering a party to cease engaging in a specific activity or to undo some wrong or injury, and (rescission) the cancellation obligation Legal remedy Normally takes the form of monetary damages Criminal law Law that defines and governs actions that constitute crimes such as wrongful actions committed against society Damages Money sought as a remedy for a breach of contract or for a tortious act Deductive reasoning logical way of reaching a conclusion based on deducing from facts what to do Defendant One against whom a lawsuit is brought; the accused in a criminal proceeding. Defense
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Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he/she is seeking Dissenting opinion an opinion of one or more judges expressing disagreement with the majority opinion Historical school A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be Holding Legally owned property, such as land, capital, or stocks. Also, a court ruling, especially a ruling on a point of law raised in an official proceeding. Jurisprudence
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This note was uploaded on 11/07/2010 for the course BLAW 3311 taught by Professor Boykin during the Fall '07 term at UT Arlington.

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BLAW Exam1Review - DefineTerms Stare decisis...

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