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1. 14th Amendment: passed in 1868 after the Civil War, provides, in part, that "[n]o State shall . . . deprive any
person of life, liberty, or property, without due process of law."
2. action at law: File a complaint, jury or judge, judgement, monetary damages or property
3. action in equity: File a petition, judge, decree, injunction, specific performance, or rescission
4. administrative agency: A federal or state government agency created by the legislature to perform a specific
function, such as to make and enforce rules pertaining to the environment.
5. appellant: The party who takes an appeal from one court to another.
6. appellee: The party against whom an appeal is taken—that is, the party who opposes setting aside or reversing the
judgment.
7. Bill of Rights: The first ten amendments to the U.S. Constitution.
8. binding authority: Any source of law that a court must follow when deciding a case.
9. breaches: 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.
10. business ethics: Ethics in a business context; a consensus of what constitutes right or wrong behavior in the
world of business and the application of moral principles to situations that arise in a business setting.
11. case law: The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional
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, provisions, and other case law.
12. categorical imperative: A concept developed by the philosopher Immanuel Kant as an ethical guideline for
behavior. In deciding whether an action is right or wrong, or desirable or undesirable, a person should evaluate the action
in terms of what would happen if everybody else in the same situation, or category, acted the same way.
13. checks and balances: The system by which each of the three branches of the U.S. national government
(executive, legislative, and judicial) exercises checks on the powers of the other branches.
14. Civil law: The branch of law dealing with the definition and enforcement of all private or public rights, as
opposed to criminal matters.
15. commerce clause: The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power
to regulate interstate commerce.
16. common law: a body of general rules that applied throughout the entire English realm
17. compelling government interest: A test of constitutionality that requires the government to have
compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between
people based on a suspect trait.
18. 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.
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, 19. Constitutional law: Law that is based on the U.S. Constitution and the constitutions of the various states.
20. Corporate social responsibility (CSR): The concept that corporations can and should act ethically and be
accountable to society for their actions.
21. cost-benefit analysis: A decision-making technique that involves weighing the costs of a given action
against the benefits of the action.
22. courts of equity: A court that decides controversies and administers justice according to the rules, princi- ples,
and precedents of equity.
23. courts of law: A court in which the only remedies that can be granted are things of value, such as money
damages. In the early English king's courts, courts of law were distinct from courts of equity.
24. Criminal law: The branch of law that defines and punishes wrongful actions committed against the public.
25. cyberlaw: An informal term used to refer to all laws governing electronic communications and transactions,
particularly those conducted via the Internet.
26. damages: A monetary award sought as a remedy for a breach of contract or a tortious act.
27. defendant: One against whom a lawsuit is brought, or the accused person in a criminal proceeding.
28. defense: Reasons that a defendant otters in an action or suit as to why the plaintitt should not obtain what he or she
is seeking.
29. dissenting opinion: A court opinion that presents the views of one or more judges or justices who disagree with
the majority's decision.
30. due process clause: The provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee
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, that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most
state constitutions.
31. Duty-based ethics: An ethical philosophy rooted in the idea that every person has certain duties to others,
including both humans and the planet. Those duties may be derived from religious principles or from other
philosophical reasoning.
32. Eighth Amendment: Prohibits excessive bail and fines, as well as cruel and unusual punishment.
33. Electronic Communications Privacy Act (1986): Prohibits the interception of information
communicated by electronic means.
34. equal protection clause: The provision in the Fourteenth Amendment to the U.S. Constitution that
guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause
mandates that state governments treat similarly situated individuals in a similar manner.
35. equitable maxims: General propositions or principles of law that have to do with fairness (equity).
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