Business Law Chap 1

Compelling government interest

a test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights (such as free speech), or distinguishes between people based on a suspect trait.

Concurring opinion

a court opinion by one or more judges (or justices) who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion.

Constitutional law

the body of law derived from the U.S. Constitution and the constitutions of the various states.

Criminal law

the branch of law that defines and punishes wrongful actions committed against the public.

Cyberlaw

an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.

Defendant

one against whom a lawsuit is brought or the accused person in a criminal proceeding.

Dissenting opinion

a court opinion that presents the views of one or more judges (or justices) who disagree with the majority’s decision.

Due process clause

the provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law- state constitutions often include similar clauses.

Enabling legislation

the provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

Equal protection clause

the provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner.

Establishment clause

a statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.

Federal form of government

a system of government in which the states form a union and the sovereign power is divided between the central government and the member states.

Free exercise clause

the provision in the First Amendment that prohibits the government from interfering with people’s religious practices or forms of worship.

International law

law that governs relations among nations.

Interpretive rules

nonbinding rules or policy statements issued by an administrative agency that explain how it interprets and intends to apply the statutes it enforces.

Law

a body of enforceable rules governing relationships among individuals and between individuals and their society.

Legislative rule

administrative agency rules that carry the same weight as congressionally enacted statutes.

Majority opinion

a court opinion that represents the views of the majority (more than half) of the judges (or justices) deciding the case.

National law

law that pertains to a particular nation (as opposed to international law).

Ordinance

a regulation enacted by a city or county legislative body that becomes part of that state’s statutory law.

Per Curiam opinion

a court opinion that does not indicate which judge (or justice) authored the opinion.

Persuasive authority

any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Plaintiff

one who initiates a lawsuit.

Plurality opinion

a court opinion that is joined by the largest number of the judges (or justices) hearing the case, but less than half of the total number.

Police powers

powers possessed by the states as part of their inherent sovereignty- these powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.

Precedent

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Preemption

a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

Procedural law

law that establishes the methods of enforcing the rights established by substantive law.