BUSA 2106 Exam 1
Act - ANS-A bill which has passed through the various legislative steps required for it
and which has become law. Related Terms: Statutes, Legislation, Law, Regulation,
Enactment, Bill. Synonymous with the term enactment or statute
Administrative Agency - ANS-Agencies that the legislative and executive branches of
federal and state governments are empowered to establish
Answer - ANS-in law, a written pleading filed by a defendant to respond to a complaint
in a lawsuit filed and served upon that defendant.
Appeal - ANS-to ask a higher court to reverse the decision of a trial court after final
judgment or other legal ruling.
Arbitration - ANS-the hearing and determining of a dispute or the settling of differences
between parties by a person or persons chosen or agreed to by them:
Attorney Client Privilege - ANS-Communications are privileged if made:
With an Attorney
For the purpose of gaining legal advice
In Confidence (with limited access)
Exception: ongoing crime / securities violations / may be waived as part of plea bargain
Burden of Proof - ANS-the obligation to prove one's assertion.
Case Law - ANS-the law as established by the outcome of former cases
Choice of forum clause - ANS-Contract provision that designates a certain court to hear
disputes concerning the nonperformance of a contract
Choice of law clause - ANS-Contract provision that designates a certain state's law or
country's law to be applied to disputes concerning the nonperformance of a contract
Code - ANS-A systematic and comprehensive compilation of laws, rules, or regulations
that are consolidated and classified according to subject matter.
Common Law - ANS-the part of English law that is derived from custom and judicial
precedent rather than statutes. Often contrasted with statutory law
, Complaint - ANS-the first document filed with the court (actually with the County Clerk
or Clerk of the Court) by a person or entity claiming legal rights against another.
Constitution - ANS-Constitution of the United States of America, States that any law
whether federal, state, or local conflicting with the U.S. Constitution is unconstitutional
and, therefore, unenforceable, Established the structure of the federal government,
State constitutions, Establish the structure of the state government
Corporate Citizenship Theory - ANS-moral responsibility
Corporate Social Responsiblity - ANS-States that corporations and businesses should
act with awareness of the consequences and impact that their decisions will have on
others
Depositions - ANS-Oral testimony given by a party or witness prior to trial, Testimony is
given under oath and is transcribed, Deponent: Party who gives his or her deposition
Discovery - ANS-the entire efforts of a party to a lawsuit and his/her/its attorneys to
obtain information before trial through demands for production of documents,
depositions of parties and potential witnesses, written interrogatories (questions and
answers written under oath), written requests for admissions of fact, examination of the
scene and the petitions and motions employed to enforce discovery rights.
English Common Law - ANS-Principles announced in the cases became precedent for
later judges deciding similar case
Enter the judgement - ANS-a significant action because it establishes permanent
evidence of the rendition by the court of a judgment. Under some statutes and court
rules, judgment is entered when it is filed with the appropriate official; under others, it
must actually be noted in the judgment book or civil docket.
Ethics - ANS-A set of moral principles or values that govern the conduct of an individual
or a group
Executive Branch - ANS-the branch of government charged with the execution and
enforcementof laws and policies and the administration of public affairs
Executive Order - ANS-Issued by the executive branch of government,President of the
United States, State governors
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