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enforceable rules of conduct set forth by a government to be followed by the citizens of the society
Functions include:
-influencing the behavior of the members of a society
-resolving disputes within society
-maintaining important social values
-providing a method for assisting social change |
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| the fundamental law of a nation. a written document establishing the powers of government and its basic structure; the controlling authority over all other law |
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| law developed by American and English courts by decisions in cases. Unlike statutes, it is not passed by a legislative body and is not a specific set of rules; rather, it must be interpreted from the many decisions that have been written over time. |
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| books containing the decisions issued by federal and state courts in which judges provide the legal reasoning for decisions issued |
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| a decision in a case that is used to guide decisions in later cases with similar fact situations |
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| the use of precedent by courts; the use of prior decisions to guide decision making in cases before the courts. Under this doctrine judges are expected to stand by established rules of law |
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| under powers granted by the Consitution, or by Congress in legislation, an order by the president to establish or enforce a legal requirement |
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a classification of law, generally denoting laws that affect relationships between people and their governments.
Concerns the legal relationship between members of society (businesses and individuals) and the government |
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a classification of law, generally denoting laws that affect relationships between people.
Sets forth rules governming the legal relationships among members of society. Private law is primarily common law and is enforced mostly through the state court systems. |
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| governs or defines legal wrongs, or crimes, commited against society. Wrongdoers are punished for violating the rules of society. A person found guilty of a criminal offense is usally fined or imprisoned |
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| a serious class of crime- such as rape, murder, or robbery- that may be punishable by imprisonment in excess of one year or death |
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| a lesser crime that is neither a felony nor treason, punishable by a fine and/or imprisonment in other than state or federal penitentiaries |
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| Beyond a reasonable doubt |
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| in criminal law, the general rule that for a judge or jury to find a defendant guilty, there can be no significant doubt that the defendant violated a criminal statute |
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Civil law is concerned with the rights and responsibilites that exist among members of society or between individuals and the government in noncriminal matters
laws, written or unwritten, that specify the duties that exist between and among people, as opposed to criminal matters; or codified or statutory law, used in many Western European countries and Japan, as distinguished from the common or judge-made law used in the United Kingdom and the United States.
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| Preponderance of the evidence |
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| in civil trials, the burden of persuasion to win a verdict requires that the plaintiff prove its claim by having he majority or bulk of the evidence on its side |
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| law that defines the rights and duties of persons to each other, as opposed to procedural law, which is law that defines the manner in which rights and duties may be enforced |
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the rules of the court syste, that deal with the manner in which lawsuits are initiated and go forward. Court systems generally have rules regarding pleadings, process, evidence, and practice.
determines how substantive law is enforced throught the courts by determining how a lawsuit begins, what documents need to be filled, which court can hear the case, and how the trial proceed, and so on |
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rules or standards governing the conduct of members of a profession and how such standards are put into action within an organization.
in the context of business practioners, has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization |
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living according to moral code and standards of ethics.
means living by a moral code and standards of ethics |
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| concerns conformity to rules of correct conduct within the context of a society, religion, or other institution |
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| under the federal Sentencing Guidelines, a company that maintains a compliance program with regulations that apply to the company will be subject to less punishment in case of violations of the law than if there is no good-faith effort to have internal procedures to help ensure that the law is followed within the organization |
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| Corporate Social Responsibility |
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| the belief that businesses have a duty to society that goes beyond obeying the law and maximizing profits |
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| Doctrine of judicial immunity |
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| a judge is absolutely immune from suit for damages for judicial acts. Without this rule, judges could fear being sued by parties unhappy with their judicial decisions. As a result, judges would lose their ability to be independent decision makers |
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| Power of a court to take a lawsuit at its beginning, try it, and pass judgment upon the law and facts |
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the power of a court to revise or correct the proceedings in a case already acted upon by a lower court or administrative agency.
where the decisions of a lower court can be taken for review. Appellate courts are concerned with correcting errors in the application of the law and making sure proper procedure was followed in the trial court proceeding |
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| legal proceedings before or by the court as a whole rather than before or by a single judge or a panel of judges |
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| a power of a court to hear all controversies that may be brought before it |
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| limited or special jurisdiction |
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| the power of a court to hear cases only of particular types- such as small claims courts or family courts- where judgments may be issued tht only cover certain kinds of disputes |
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| Latin for "a new" trial, or retrial at an appellate court in which the entire case is examined as though no trial had occurred |
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| the party who initiates the lawsuit |
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| the party against whom an action or lawsuit is brought |
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| the right of the court or other body to hear a case and render a judgment |
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| subject-matter jurisdiction |
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power of a court to lawfully affect the thing or issue in dispute
is created by a constitution or statute regarding the types of disputes a courtn can accpet to resolve |
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| a question in case in which one of the parties, usually the plaintiff, is asserting a right based on a federal law |
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| action in which the plaintiff and the defendant are citizens of different states |
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| when parties to a suit are from different jurisdictions, it may create a basis for having a case heard in federal court |
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| the damages claimed or the relief demanded by the injured party in a dispute |
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| power of a court to lawfully bind a party involved in a dispute before it |
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| the power the court has over the person involved in the action |
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| process through which a court notifies and compels a defendant to a lawsuit to appear and answer a complaint |
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| in the pleading stage, the delivery of the complaint to the defendant either to her personally, or in most jurisdictions, by leaving it with a responsible person at her place of residence. Usually done by personal service |
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| judgment entered against a party who failed to appear in court to defend against a claim brough by another party |
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| in the pleading stage, personal service of the complaint is accomplished by physically delivering it to the defendant |
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| is a state law that permits a state's courts to reach beyond the state's boundaries for jurisdiction over nonresident defendants |
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| an action taken by a court against the property of the defendant |
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| the power of a court over a particular subject matter as provided by statute to the exclusion of other courts |
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when two different courts are each empowered to deal with the subject matter at issue in a dispute
both the federal and the state court systems have jurisdiction in some disputes. When both systems have the power to hear a case, concurrent jurisdiction exists. In such cases where the case is usually hears depends on which court the plaintiff picks |
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| body of law establishing the circumstances in which a state or federal court shall apply the laws of another state, rather than the laws of the state in wihch it is sitting, t decide a case before it |
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| a common provision in a contract that specified what law must be used to resolve a dispute that arises between the parites to a contract |
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| the geographic aread in which an action is tried and from which a jury is selected |
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| a public place where a trial or judicial proceeding is held |
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| a party asks the court to transfer a case to another court, even though the original court has jurisdiction, because there is another, more convenient court that could hear the case. |
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| advesary system of justice |
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a legal system in which the parties to a dispute present their own arguments and are responsible for asserting their legal rights
it requires the parties to represent themselves, usually through their lawyers, and to argue their positions before a neutral court. The responsibility for bringing a lawsuit, shaping its issues, and presenting evidence rests upon the parties to the dispute |
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| statements of the plaintiff and the defendant that detail their facts, allegations, and defenses, which create the issues of a lawsuit |
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| the initial pleading by the plaintiff in a civil action that informs the defendant of the material facts on which the plaintiff bases the lawsuit |
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| in the pleading stage, he delivery of the complaint to the defendant either to her personally or to, by leaving it with a responsible person at her place of residence |
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| a request that a complaint be dismissed, because it does not state a claim for which the law provides a remedy or is in some other way legally deficient |
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| Motion to dismiss for failure to state a claim |
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| this is an assertion that even if the facts asserted are true, the injury claimed by the plaintiff i one for which the law furnishes no remedy |
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| an older term for a motion to dismiss a claim for failure to state a cause of action |
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| In this pleading, the defendant responds to the allegations made by the plaintiff. The defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff |
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| the defendant admits to the facts claimed by the plaintiff but offers additional facts he asserts constitute a defense- a legal excuse- to the plaintiff's complaint |
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| in addition to responding to the plaintiff's allegations in the answer, the defendant can assert its own claim against the plaintiff. The counterclaim is a complaint by the defendant and the plaintiff must respond to it just as the defendant responded to the original complaint |
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| the sworn, in-person testimony of a witness recorded by a court reporter. The deoposition is a useful way to find information relevant to the dispute, including leads to other witnesses or documents |
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| are questions submitted by a party to a case to the other party, or witness, or another person with relevant information. The party receiving the interrogatories prepares written answers, usually with the aid of an attorney, and signs them under oath |
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| judgment entered against a party who failed to appear in court to defend against a claim brought by another party |
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| any act that obstructs a court in the administration of justice or that is calculated to lessen the court's authority |
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| a decree by a court to protect a person or a legal entity against harassment by another person or to protect certain documents, such as trade secrets, against discovery in the litigation process |
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| a judgment entered by a trial court as a matter of law, when no genuine issue of law is found to exist |
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| a judicial examination of a dispute between to or more parties under the appropriate laws by a court or other appropriate tribunal that has jurisdiction |
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| a body of people selected to hear the evidence in a case presented in court and who are given the power to apply the law to the facts established at trial in determining which party prevails in the matter in dispute, whether civil or criminal |
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made to the jury by the attoreys before the parties present their case.
Lawyers chance to explain their client's view of the case to the jury, tell the jury who the witnesses will be, and provide a roadmap of the trial |
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| the initial examination of a witness by the party on whose behalf the witness has been called |
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| examination by the attorney representing the adverse party after the other party has examined her witness |
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| oral presentation to the jury by the attorneys after the plaintiff and defendant have stated their cases and before the judge charges the jury |
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| before the jury retires to deliberate and reach a verdict, the judge gives the jury instructions, or charges. In the instructions, the judge tells the jury the applicable law, summarizes the issues of the dispute, and states which of the parties has the burden of persuasion. |
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| In a civil trial the parties must prove their contentions to the jury by a preponderance of evidence. If the jurors are unable to reach a unanimous decison, the jury is said to be hung and new trial before a different jury may be necessary |
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| a trial that cannot stant in law because the court lacks jurisdiction, because of juror misconduct, or because of disregard for some other procedural requirement |
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| verdict granted by the court on the grounds that the jruy could resonably reach only one conclusion on the basis of the evidence presented during the trial |
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| judgement notwithstanding the verdict |
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judgment entered by the court for a party follwing a jury verdict against the party
the judge is asked to hold that there were not legally sufficient grounds to support the jury's verdict and to either overturn the entire verdict or a portion of it. |
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| the means by which a court enforces a right adjudicated in equity or prevents or redresses the violation of such a right. Remedies include specific performance, injunction, recission, reformation, and declaratory judgment |
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if a court finds that a party has suffered a legally recognized harm, monetary damages may be awarded
money compensation sought or awarded as a remedy for a breach of contrat or for tortious acts |
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| a sum awarded to an injured party that is equivalent to her actual damages, or injuries sustained. The rationale is to restore the injured party to the position she was in before the injury |
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compensation awarded o a plaintiff beyond actual damages; awarded to punish the defendant for doing a particularly offensive act.
are intended to punish the wrongdoer and discourage others from engaging in similar conduct in the future |
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| a damage award whereby a court recognizes that the plaintiff has suffered a breach of duty but has not suffered any actual financial loss or injury as a result. Plaintiff's recovery for such breaches is often as little as one dollar |
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| an equitable remedy, whereby the court orders a party to a contract to perform his duties under the contract. Usually granted when money damages are inadequate as a remedy, and the subject matter of the contract is unique |
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| an order issued by a court that restrains a person or business from doing some act or oders the person to do something. May be permanent or temporary |
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| temporary restraining order |
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a court order in equity to restrain a particular action while the court considers a request to issue an injunction
a short-term court order, generally lasting a few days, and which is primarily used by a court to preserve the status quo until a more formal hearing can be held. |
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| is a longer term court order, usually in force until the dispute is resolved. |
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| is a final court order, issued after the conclusion of the trial or as part of a settlement agreement. It usually remains in force indefinitely. |
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| a determination by an appeals court that a lower court, usually a trial court, made a mistake in applying the law to the facts that were established in a trial |
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| an appellate brief is a written document, prepared by an attorney, to be the basis for an appeal of a case to an appellate court. It contains the points of law the attorney wants to establish, with the arguments and authorities to support that view |
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| presentations made in an appeals court or sumpreme court, usually by attorneys, in support of or objecting to the decision of a lower court as part of the appeals process |
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| in a court of appeals, or supreme court, a decision to declare that a judgment entered by a lower court is valid and will stand as decided |
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| a decision made by an appellate court that overturns or vacates the judgment of a lower court |
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| in an appellate court, to change some detail of a lower court holding, but to leave the primary finding in place. For example, the decision of the lower court is likely to be affirmed, but the legal reasoning for the decison is amended |
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| when an appeals court issues an opinion in a caasse that affirms or reverses the decision of the lower court, a majority of the judges join in an opinion that expresses the legal rationale for the decison of the court. If all judges agree, it is a unanimous opinion |
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| at the appellate court level, an opinion filed by one or more of the justices in which the justice agrees with the majority opinion but state separate views or reasons for the decision |
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| an opinion written by one or more appellate judges or justices explaining why they disagree with the decision of the majority of the court in a given case |
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| the act of an appellate court in sending a case back to trial court ordering it to take action according to the appellate court's decision. The order usually requires a new trial or limited hearing on specified subject matter |
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| the official decision of a court of law upon the rights and claims of the parties to an action litigated in and submitted to the court for its determination |
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| a rule that prohibits the same dispute between two parties from being relitigated by a court after final judgment has been entered and all appeals exhausted |
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a writ to put into force the judgment of a court
a writ is a court order to an official such as the sheriff, to seize the property of the defendant to satisfy the judgment |
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a legal process by which a creditor appropriates a debtor's wages or property in the hands of a third party
courts may order a garnishment of a debtor's property, which usually involves an order to a third party who owes the debtor money to pay the money to the plaintiff instead. When the debtor is an inidividual, his wages may be garnished and his employer will pay part of his wages to the plaintiff |
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| a means of settling disputes between parties when they submit the matter to a neutral third party of their choosing, who resolves the dispute by issuing a binding award. A popular alternative to the court system for resolving disputes due at lower cost and greater speed. |
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| alternative dispute resolution |
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| a process by which the parties to a dispute resolve it through a mechanism other than litigation in court. Alternative dispute resolution includes arbitration, negotiation, and mediation |
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| in an arbitration proceeding, the person granted the authority to decide a controversy |
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| the decision that settles the arbitration proceeding. It is normally the determination of a single arbiter, but it can be the decision of the panel of arbitrators that heard the dispute. The decision may be in writing but need not give a rationale. |
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| voluntary discussion of the terms and conditions of a proposed agreement or a form of alternative dispute resolution to resolve a dispute and avoid litigation; under the UCC, the transfer of an instrument to another party who becomes the holder, or the act of putting into circulation a check of promissory note |
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| a form of alternative dispute resolution in which a third party is hired by parties to a dispute with the intent to persuade them to settle their dispute |
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