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| Doctrine of stare decisis |
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| a method of case resolution in which courts follow earlier court decisions when the same issues arise again in lawsuits |
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| a basic legal system that relies on scholarly interpretations of codes and constitutions rather than court interpretations of prior court decisions, as in common-law systems |
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| fairness, or a body of principles constituting what is fair and right |
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| a classification of law that applies to acts that society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators |
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| a classification of law that applies to legal matters not governed by criminal law and that protects rights and provides remedies for breaches of duties owed to others |
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| a classification of law that creates defines, and regulates parties’ rights, duties, and powers |
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| a classification of law that prescribes the steps, or processes, for enforcing the rights and duties defined by substantive law |
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| the power of a court to decide cases of a certain type or within a specific territory |
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| the provision of the US Constitution that gives Congress the power to regulate commerce (trade) with foreign nations an among the states (interstate commerce) |
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| the Fifth Amendment to the US Constitution, guaranteeing notice and a hearing before the federal government can deprive any person of life, liberty, or property; and the Fourteenth Amendment’s extension of these same requirements to the state government actions |
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| a part of the Fourteenth Amendment to the US Constitution prohibiting state laws that discriminate unfairly or arbitrarily, and requiring equal treatment to all persons under like circumstances and conditions |
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| a law requiring a passenger who has been injured in a vehicle accident and is seeking to recover damages to establish that the accident resulted from the driver’s gross negligence |
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| National Association of Insurance Commissioners (NAIC) |
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Definition
| an organization established to promote uniformity in regulation among states. Exchange regulatory information, and coordinate responses to changing conditions in the insurance marketplace |
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| the power of a court in which cases are initiated to hear those cases |
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| the power of a court to hear appeals from another court |
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| the power of a court to hear a variety of types of cases |
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| the authority of federal district courts to hear cases involving parties from different states that involve amounts in controversy over a legal minimum |
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| an appeals court at any level of government |
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| an appellate court’s order directing a lower court to deliver its record in a case for appellate review |
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| a body of law that resolves questions when states’ laws conflict |
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| the state in which a party sues |
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| the body of law, including agency rules, regulations, and adjudicatory rulings, created by government agencies |
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| a claim that a party to a lawsuit asserts and expects to prove |
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| allegations made by the party starting a lawsuit |
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| the party who starts a lawsuit by filing a complaint |
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| the party in a lawsuit whom a complaint is filed against |
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| a formal written statement of a party’s claims filed with a court as part of a lawsuit |
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| a plaintiff’s legal grounds to sue a defendant |
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| a document filed in a court by a defendant responding to a plaintiff’s complaint and explaining why the plaintiff should not win the case |
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| a complaint filed by a defendant against a plaintiff in a lawsuit |
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| a party’s formal request for a particular action from a court |
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| a defendant’s formal request’s to a court admitting the truth of the plaintiff’s allegations but asking the court to end a lawsuit because the allegations are not sufficient to justify legal action |
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| Motion for judgment on the pleadings, or motion for summary judgment |
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Definition
| a request made to a court before a lawsuit goes to trial in which one party accepts the other party’s statement of facts but questions whether the law provides a remedy; if request is granted, the lawsuit ends |
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| the pretrial process by which each party elicits the other party’s evidence |
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| a pretrial discovery tool consisting of written questions directed to the opposing party, requiring written answers |
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| a pretrial discovery tool requesting that a court order the opposing party in a lawsuit to produce documents or physical evidence |
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| questioning one’s own witness during a legal proceeding |
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| Questioning an opposing party during a legal proceeding to bring out information favorable to the questioner’s own position or to challenge the witness’s testimony |
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| referring to evidence, the quality of relating directly to the matter at issue in a case; required for evidence to be admissible in a court proceeding |
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| referring to evidence, the quality of having significance and consequence in a case; required for evidence to be admissible in a court proceeding |
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| a quality of evidence that suggests the source is reliable and the evidence is adequate to justify admission in court |
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| the rule of evidence that prevents the admission of out-of-court statements not made under oath by a person who is unavailable to testify |
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| a kind of verdict that entails a complete finding and a single conclusion by a jury on all issues presented |
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| a kind of verdict reached by a jury that makes findings a fact by answering specific questions posed by the judge. The judge then applies the law to the facts as the jury has found them |
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| a doctrine that bars parties to a lawsuit on which final judgment has been rendered from bringing a second lawsuit on the same claim or on related transactions |
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| a doctrine that bars parties from relitgating an issue on which a court has already ruled, even if the second lawsuit differs significantly from the first |
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| a request to a higher court for a review of a case |
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| the losing party in a court case who appeals the case to a higher court |
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| the winning (nonappealing) party in a court case, against whom the losing party appeals to a higher court |
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| Alternate dispute resolution (ADR) |
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Definition
| procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation |
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| an alternate dispute resolution (ADR) procedure that takes a dispute to an impartial third party (an arbitrator or arbitration panel) for a decision the parties agree will be final and binding |
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| an alternative dispute resolution (ADR) procedure that uses an intermediary, usually selected by the parties, to assist them in reaching a decision |
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| a type of substantive administrative agency rule that comes from a statutory delegation of authority and that has the same force as a law enacted by Congress or a legislature |
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| a type of administrative agency rule that interprets statutes, providing guidance for agency, staff or regulated parties, but that lacks the force and effect of law and therefore is not binding on individuals. |
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| a type of administrative agency rule that prescribes procedures for agency operations, legislative rulemaking, and adjudication proceedings |
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| a legal order to a witness to appear at a certain place and time to testify or to produce documents |
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| a party’s right to sue, as one who has suffered or will suffer a legal wrong or an adverse effect from an action |
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| an administrative agency’s final conclusion or disposition of any material private right of a party, terminating an agency proceeding |
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| Exhaustion of administrative remedies |
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| the completion of all possible administrative procedures and appeals in a case; required before a party can appeal an agency action in a court |
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| a state insurance department’s financial audit of an insurer on behalf of all states in a zone in which the insurer holds licenses |
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| Managing general agent (MGA) |
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Definition
| an independent business organization that functions almost as a branch office for one or more insurers and that appoints and supervises independent agents and brokers |
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