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Exam (elaborations)

BUL 5811 Exam 1 Questions and Answers

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BUL 5811 Exam 1 Questions and Answers

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BUL 5811 Exam 1 Questions and
Answers



administrative agency - Answer-A federal, state, or local government agency established to perform a
specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to
administer and enforce the acts.



administrative law - Answer-The body of law created by administrative agencies (in the form of rules,
regulations, orders, and decisions) in order to carry out their duties and responsibilities



allege - Answer-To state, recite, assert, or charge



analogy - Answer-In logical reasoning, an assumption that if two things are similar in some respects,
they will be similar in other respects also. Often used in legal reasoning to infer the appropriate
application of legal principles in a case being decided by referring to previous cases involving different
facts but considered to come within the policy underlying the rule.



appellant - Answer-The party who takes an appeal from one court to another



appellee - Answer-The party against whom an appeal is taken-that is, the party who opposes setting
aside or reversing the judgment

,binding authority - Answer-Any source of law that a court must follow when deciding a case. Binding
authorities include constitutions, statutes, and regulations that govern the issue being decided, as well
as court decisions that are controlling precedents within the jurisdiction



breach - Answer-To violate a law, by an act or an omission, or to break a legal obligation that one owes
to another person or to society.



case law - Answer-The rules of law announced in court decisions. Case law includes the aggregate of
reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.



case on point - Answer-A previous case involving factual circumstances and issues that are similar to the
case before the court.



chancellor - Answer-An adviser to the king at the time of the early king's courts of England. Individuals
petitioned the king for relief when they could not obtain an adequate remedy in a court of law, and
these petitions were decided by the chancellor.



citation - Answer-A reference to a publication in which a legal authority-such as a statute or a court
decision-or other source can be found.



civil law - Answer-The branch of law dealing with the definition and enforcement of all private or public
rights, as opposed to criminal matters.



common law - Answer-That body of law developed from custom or judicial decisions in English and U.S.
courts, not attributable to a legislature.



constitutional law - Answer-Law that is based on the U.S. Constitution and the constitutions of the
various states.

, court of equity - Answer-A court that decides controversies and administers justice according to the
rules, principles, and precedents of equity.



court of law - Answer-A court in which the only remedies that could be granted were things of value,
such as money damages. In the early English king's courts, courts of law were distinct from courts of
equity.



criminal law - Answer-Law that defines and governs actions that constitute crimes. Generally, criminal
law has to do with wrongful actions committed against society for which society demands redress.



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



damages - Answer-Money sought as a remedy for a breach of contract or for a tortious act.



defendant - Answer-One against whom a lawsuit is brought; the accused person in a criminal
proceeding.



defense - Answer-Reasons that a defendant offers in an action or suit as to why the plaintiff should not
obtain what he or she is seeking.



equitable maxims - Answer-General propositions or principles of law that have to do with fairness
(equity).



executive agency - Answer-An administrative agency within the executive branch of government. At the
federal level, executive agencies are those within the cabinet departments.



historical school - Answer-A school of legal thought that emphasizes the evolutionary process of law
and that looks to the past to discover what the principles of contemporary law should be.

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