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Business Law--Chapter 1 The Law and the Courts

Vocabulary Words

AB
Moralityinvolves the values that govern a society's attitude toward right and wrong.
Ethicsare the means for determining what a society's values ought to be. Used to determine the difference between right and wrong
Greatest Good Principlean action that will create the greatest good for the greatest number of people
Golden Ruledo unto others as you would have them do unto you
Honestya character trait of a person who is open and truthful in dealilngs with others
Justicetreat other people fairly and equally
Compassionbeing sympathetic to the difficulties of others and try to help alleviate their problems
Integritybeing willing to do the right thing regardless of personal consequences, standing up for your convictions
Lawa system of rules of conduct established by the government of a society to maintain stability and justice according to the values that are relevant to that country
Constitutionspells out the principles by which the government operates
Common Lawdecisions of the early law courts developed in England, based on customs. They are characterized by the practice of deciding cases on precedent
Precedenta judge is required to follow an earlier court decision when deciding a case with similar circumstances. Also called the doctrine of stare decisis
Statuteslaws specifically passed by a governing body that has been created for the purpose of making laws
Legislaturea body of lawmakers that has the job of creating statutory law under the powers given to the federal government by Article 1 of the Constitution
Unconstitutionalany statute that goes against the Constitution
Administrative lawrules and procedures established by regulatory agencies
detention hearinga court session during which the judge tries to learn whether there are good reasons to keep the accused in custody
arraignmenta formal hearing during which the defendant is read the indictment or information and is asked to plead guilty or not guilty
arrestoccurs when a person is legally deprived of his or her freedom
bailmoney or other property that is left with the court to assure that a person who has been arrested, but released, will return to trial
alternative dispute resolution (ADR)occurs when parties try to resolve disagreements outside of the usual court system
jurisdictiona court's power to hear a case and to make a judgement
appellate courta court that hears appeals and reviews cases from the lower courts
empathyputting yourself in another person's position
permissibleallowable
prevalentwidely existing
mediatorbrings the parties together and tries to persuade the parties to a dispute to compromise, the final decision remains in the hands of the parties
arbitratorthe person hired to settle a case
conciliatorshuttles back and forth between the parties to a case seeking a consensus
negotiatoreach party appoints a spokesperson to represent him/her to hammer out an agreement
substantive lawtells us what the law is, not how the law works
procedural lawhas two major divisions: civil and criminal
general trial courtsstate courts located in each county handling criminal and civil cases
remedieswhat the plaintiff is granted in a civil case when the defendant is found liable--which is payment of money or some other action
litigationanother name for bringing a civil lawsuit to court
legislative, executive and judicial3 branches of U.S. government
U.S. Supreme Courtjustices are selected by the President and confirmed by Congress
Court Laware made by deciding whether or not laws conflict with the Constitution
unethical business practicesrequire new laws to be created to hold all businesses more accountable
5 main sources of lawconstitutional, common, statuties and civil, court decisions and administrative
treatyeveryone in the U.S. must follow any treaty that the U.S. has signed
civil lawgoverns the relationships between two parties and does not involve the government
civil litigationbegins with pleadings and a pretrial hearing
civil and criminal casesin criminal cases the procedures must be followed exactly, while in civil cases they do not
juvenile courtyoung people have no right to a trial and no right to be released on bail
Article IV of the Constitiutionapplies to American businesses because many companies do business in more than one state
Appeal in a Civil Caseis based only on a legal mistake by the judge
State Supreme Court casescan only be appealed to the U.S. Supreme Court
Statutory lawsare passed by the legislators
criminal casethe indictment and arraignment take place before the trial and sentencing
Golden Ruleis based on empathy, treating others as you would want them to treat you
litigationanother name for bringing a civil lawsuit
double jeopardya person cannot be tried twice for the same crime in the same court system
remediesin a civil case there are two types--one is payment of money and the other is some other action by the defendant
stare decisis (let the decision stand)process of relying on past court cases
precedenta past case that a court follows when making a present decision
ordinancescities and towns have the power to create laws that affect their citizens
commerce clausegives Congress the power to make laws pertaining to interstate commerce (commerce between the states)
judicial reviewcourts can decide if laws conflict with the Constitution
interpreting statuteswhen a statute is confusing, the court must decide what the statute means
summonsPotential jurors receive a letter from the court in the mail, telling them where and when to report for duty.
voir direwhat lawyers use to choose the jury. It mean to speak the truth.


Business/Cooperative Education Teacher
Council Rock High School - North
Newtown, PA

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