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CPCU 530 - Chapter 1
Vocab
62
Law
Professional
03/07/2009

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Term
Civil-law system
Definition
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 (1.3)
Term
Doctrine of stare decisis
Definition
A method of case resolution in which courts follow earlier court decisions when the same issues arise again in lawsuits (1.4)
Term
Equity
Definition
Fairness, or a body of principles constituting what is fair and right (1.6)
Term
Criminal law
Definition
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 (1.7)
Term
Civil law
Definition
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 (1.7)
Term
Substantive law
Definition
A classification of law that creates, defines, and regulates parties rights, duties, and powers (1.8)
Term
Procedural law
Definition
A classification of law that prescribes the steps, or processes, for enforcing the rights and duties defined by substantive law (1.8)
Term
Jurisdiction
Definition
The power of a court to decide cases of a certain type or within a specific territory (1.9)
Term
Commerce Clause
Definition
The provision of the U.S. Constitution that gives Congress the power to regulate commerce (trade) with foreign nations and among the states (interstate commerce) (1.11)
Term
Due Process Clause
Definition
The Fifth Amendment to the U.S. 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 state government actions (1.12)
Term
Equal Protection Clause
Definition
A part of the Fourteenth Amendment to the U.S. Constitution prohibiting state laws that discriminate unfairly or arbitrarily, and requiring equal treatment to all persons under like circumstances and conditions (1.12)
Term
Guest statute
Definition
A law requiring a passenger who has been injured in a vehicle accident and is seeking to recover damages that the accident resulted from the driver's gross negligence (1.12)
Term
National Association of Insurance Commissioners (NAIC)
Definition
An organization established to promote uniformity in regulation among states, exchange regulatory information and coordinate responses to changing conditions in the insurance marketplace (1.13)
Term
Original jurisdiction
Definition
The power of a court in which cases are initiated to hear those cases (1.13)
Term
Appellate jurisdiction
Definition
The power of a court to hear appeals from another court (1.13)
Term
General jurisdiction
Definition
The power of a court to hear a variety of types of cases (1.13)
Term
Diversity jurisdiction
Definition
The authority of federal district courts to hear cases involving parties from different states that involve amounts in controversy over a legal minimum (1.14)
Term
Appellate court
Definition
An appeals court at any level of government (1.15)
Term
Writ of certiorari
Definition
An appellate court's order directing a lower court to deliver its record in a case for appellate review (1.15)
Term
Conflicts of law
Definition
A body of law that resolves questions when states' laws conflict (1.16)
Term
Forum state
Definition
The state in which a party sues (1.17)
Term
Administrative law
Definition
The body of law, including agency rules, regulations, and adjudicatory rulings, created by government agencies (1.18)
Term
Allegation
Definition
A claim that a party to a lawsuit asserts and expects to prove (1.19)
Term
Complaint
Definition
Allegations made by the party starting a lawsuit (1.19)
Term
Plaintiff
Definition
The party who starts a lawsuit by filing a complaint (1.19)
Term
Defendant
Definition
The party in a lawsuit against whom a complaint is filed (1.19)
Term
Pleading
Definition
A formal written statement of a party's claim filed with a court as part of a lawsuit (1.19)
Term
Cause of action
Definition
A plaintiff's legal grounds to sue a defendant (1.19)
Term
Answer
Definition
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 (1.19)
Term
Counterclaim
Definition
A complaint filed by a defendant against a plaintiff in a lawsuit (1.19)
Term
Motion
Definition
A party's formal request for a particular action from a court (1.19)
Term
Motion to dismiss
Definition
A defendant's formal request to a court admitting the truth of the plaintiff's allegations by asking the court to end a lawsuit because the allegations are not sufficient to justify legal action (1.19)
Term
Motion for judgment on the pleadings, or motion for summary judgment
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 (1.20)
Term
Discovery
Definition
The pretrial process by which each party elicits the other party's evidence (1.21)
Term
Deposition
Definition
A pretrial discovery tool consisting of oral examination of a witness to produce a written verbatim record (1.21)
Term
Interrogatories
Definition
A pretrial discovery tool consisting of written questions directed to the opposing party, requiring written answers (1.21)
Term
Motion to produce
Definition
A pretrial discovery tool requesting that a court order the opposing party in a lawsuit to produce documents or physical evidence (1.21)
Term
Direct examination
Definition
Questioning one's own witness during a legal proceeding (1.23)
Term
Cross-examination
Definition
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 (1.23)
Term
Relevance
Definition
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 (1.23)
Term
Materiality
Definition
Referring to evidence, the quality of having significance and consequence in a case; required for evidence to be admissible in a court proceeding (1.23)
Term
Competence
Definition
A quality of evidence that suggests the source is reliable and the evidence is adequate to justify admission in court (1.23)
Term
Hearsay rule
Definition
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 (1.23)
Term
General verdict
Definition
A kind of verdict that entails a complete finding and a single conclusion by a jury on all issues presented (1.24)
Term
Special verdict
Definition
A kind of verdict reached by a jury that makes findings of fact by answering specific posed by the judge. The judge then applies the law to the facts as the jury has found them (1.24)
Term
Res judicata
Definition
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 (1.24)
Term
Collateral estoppel
Definition
A doctrine that bars parties from relitigating an issue on which a court has already ruled, even if the second lawsuit differs significantly from the first (1.25)
Term
Appeal
Definition
A request to a higher court for a review of a case (1.25)
Term
Appellant
Definition
The losing party in a court case who appeals the case to a higher court (1.25)
Term
Appellee
Definition
The winning (nonappealing) party in a court case, against whom the losing party appeals to a higher court (1.25)
Term
Alternative dispute resolution (ADR)
Definition
Procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation (1.26)
Term
Arbitration
Definition
An alternative dispute resolution 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 (1.26)
Term
Mediation
Definition
An alternative dispute resolution procedure that uses an intermediary, usually selected by the parties, to assist them in reaching a decision (1.27)
Term
Legislative rule
Definition
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 (1.28)
Term
Interpretive rule
Definition
A type of administrative agency rule that interprets statues providing guidance for agency staff or regulated parties, but that lacks the force and effect of law and therefore is not binding on individuals (1.28)
Term
Procedural rule
Definition
A type of administrative agency rule that prescribes procedures for agency operations, legislative rulemaking, and adjudication proceedings (1.28)
Term
Subpoena
Definition
A legal order to a witness to appear at a certain place and time to testify or to produce documents (1.31)
Term
Standing to sue
Definition
A party's right to sue, as one who has suffered or will suffer a legal wrong or an adverse effect from an action (1.32)
Term
Final order
Definition
An administrative agency's final conclusion or disposition of any material private right of a party, terminating an agency proceeding (1.32)
Term
Exhaustion of administrative remedies
Definition
The completion of all possible administrative procedures and appeals in a case; required before a party can appeal any agency action to a court (1.32)
Term
Zone examination
Definition
A state insurance department's financial audit of an insurer on behalf of all states in a zone in which the insurer holds licenses (1.39)
Term
Managing general agent (MGA)
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 for insurers using the independent agency and brokerage system (1.40)
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