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MIE 305 NCSU Chapters 1-4 Exam/Questions and Answers
MIE 305 NCSU Chapters 1-4 Exam/Questions and Answers
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MIE 305 NCSU Chapters 1-4Exam/Questions and Answers
Law - -A body of enforceable rules governing relationships among
individuals and between individuals and their society
-Liability - -The state of being legally responsible for something, such as a
debt or obligation
-Contract Breach - -The failure to perform a legal obligation
-Primary Sources of Law - -A document that establishes the law on a
particular issue, such as a constitution, a statute, and administrative rule, or
a court decision
-Secondary Sources of Law - -A publication that summarizes or interprets
the law, such as a legal encyclopedia
-Constitutional Law - -The body of law derived from the U.S. constitution
and the constitutions of the various states
-Statutory Laws - -The body of law enacted by legislative bodies
-Citation - -A reference to a publication in which a legal authority -- such as
a statute or a court decision can be found
-Ordinances - -A regulation enacted by a city or county legislative body that
becomes part of the state's statute of law
-Uniform Law - -A model law developed by the National Conference of
Commissioners on Uniform State Law for the states to consider enacting into
statute (created because of the differences in state laws)
-Case Law - -The rules of law announced in court decisions. Case law
interprets statutes, regulations, constitutional provisions, and other case law.
-Common Law - -The body of law developed from custom or judicial
decisions in English and U.S. courts, not attributable to a legislature
-Precedent - -A court decision that furnishes on example or authority for
deciding subsequent cases involving identical or similar legal principles or
facts
, -Stare decisis - -a common law doctrine under which judges are obligated to
follow the precedents established in prior decisions
-Binding Authority - -Any source of law that a court must follow when
deciding a case
-Persuasive Authority - -Any source of law that a court may look for
guidance but does not need to follow when making its decision
-Remedy - -The relief given to an innocent party to enforce a right or
compensate for the violation of a right.
-Plaintiffs - -One who initiates a lawsuit
-Defendants - -One against whom a lawsuit is brought
-Court of Equity pg 11 - -Specific performance, rescission, injunction
-Jurisprudence - -The science or philosophy of law
-Natural Law (School of thought) - -The oldest school of legal thought, based
on belief that the legal system should reflect universal moral an ethical
principles that are inherent in human nature
-Legal Positivism (School of thought) - -a school of legal thought centered
on the assumption that there is no law higher than the laws created by a
national government. Laws must be obeyed even if unjust
-Legal Realism (SoT) - -A school of legal thought that believes that the law
is only one factor to be considered when deciding cases and that social and
economic circumstances should also be taken into account
-Historical School (SoT) - -A school of legal thought that looks to the past to
determine what the principles of contemporary law should be
-Substantive Law (CoL) - -Law that defines, describes, regulates, and
creates legal rights and obligations.
-Procedural Law - -Law that establishes the methods of enforcing the rights
established by substantive law
-Cyberlaw - -An informal term used to refer to all laws governing
transactions conducted via the Internet
-Civil Law - -The branch of law dealing with the definition and enforcement
of all private or public rights
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