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BLAW LEGAL ENV TERMS
Terms in this set (31)
The body of law derived from the US Constitution and the constitution of the various states.
Laws enacted by legislative bodies at any level of government, such as statutes passed by Congress or by state legislatures, make up the body of the law generally referred to as statutory law.
A reference to a publication in which a legal authority such as a statute or a court decision or other source can be found.
A regulation enacted by a city or a county legislative that then becomes part of that state's statutory law.
The Uniform Commercial Code (UCC)
Facilitates commerce among the states by providing a uniform, yet flexible set of rules governing commercial transactions.
The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions and other case law.
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. Makes the law more stable and predictable.
Any source of law that a court must follow when deciding a case.
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
One who initiates a lawsuit.
One against whom a lawsuit is brought, or the accused person in a criminal activity.
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
the branch of law that defines and punishes wrongdoings committed by the public.
formal agreement, result of negotiations, legally binding
writ of cert
the supreme court will hear the case
written question to ask other party for response to research
-in the discovery phase
an opportunity to settle in the case, after the discovery phase
law puts you where you expected to be considering the contract was filled
fully performed contract
what words did we agree to live by? the requirements of the contract
Elements of a contract
-Lack of defenses
language - oral or written
Implied - by - fact
conduct determines agreement
Implied - by - law
one promise is given in exchange for performance
two promises, promise for a promise
some duties performed/in process
both sides have fully performed
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