Term
|
Definition
set of rules and procedures usually intended to regulate some aspect of society |
|
|
Term
|
Definition
legal system based on written laws or codes; a type of law that controls private disputes between parties |
|
|
Term
|
Definition
body of law developed through the courts |
|
|
Term
|
Definition
document whose primary purpose is to establish a government and define its powers |
|
|
Term
|
Definition
example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases |
|
|
Term
|
Definition
it stands decided...precedent |
|
|
Term
|
Definition
study of philosophy of law |
|
|
Term
|
Definition
philosophical theory holding that law reflects the moral and unchangeable laws of nature. |
|
|
Term
|
Definition
philosophical theory holding that the validity of law is not related to morality |
|
|
Term
|
Definition
philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices |
|
|
Term
|
Definition
laws that define our rights and obligations |
|
|
Term
|
Definition
laws that dictate how we enforce our rights and obligations |
|
|
Term
|
Definition
a non contractual civil wrong |
|
|
Term
|
Definition
law that places a time limit on when a lawsuit can be filed |
|
|
Term
|
Definition
act in violation of a criminal statute |
|
|
Term
|
Definition
procedural rules adopted by all courts regulating practices in the courts |
|
|
Term
|
Definition
existence of a law that prohibits the conduct in question before the violation occurs |
|
|
Term
|
Definition
power or authority to act a certain situation, power of a court to hear cases and render judgement |
|
|
Term
preponderance of evidence |
|
Definition
amount of proof necessary for most civil cases |
|
|
Term
|
Definition
finding of responsibility in a case |
|
|
Term
|
Definition
without funds or assets and therefore unable to afford an attorney |
|
|
Term
|
Definition
necessity of establishing a particular fact or the necessity of going forward with the evidence |
|
|
Term
beyond a reasonable doubt |
|
Definition
amount of proof necessary for a conviction in a criminal case |
|
|
Term
|
Definition
finding of not guilty in a criminal case |
|
|
Term
|
Definition
can't attain consensus or majority needed |
|
|
Term
|
Definition
system of government in which the people are regulated by both federal and state gov't |
|
|
Term
|
Definition
system of govt in which the people are regulated by both federal and state govt |
|
|
Term
|
Definition
powers that congress use to regulate that is derived from the express powers |
|
|
Term
|
Definition
powers given to congress that are spelled out in the constitution |
|
|
Term
|
Definition
doctrine referring to the right of the federal govt to be the exclusive lawmaker in certain areas |
|
|
Term
|
Definition
"after the fact" refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occured |
|
|
Term
|
Definition
sole power or authority to act in a certain situation |
|
|
Term
|
Definition
term that describes situations where more than one entity has the power to regulate or act |
|
|
Term
|
Definition
clause in US constitution making the constitution and the laws of the US the supreme law of the land |
|
|
Term
|
Definition
1st 10 amendments to the constitution |
|
|
Term
|
Definition
legislature consisting of 2 houses |
|
|
Term
|
Definition
topical organization of statutes |
|
|
Term
|
Definition
laws enacted by a legislature |
|
|
Term
|
Definition
body of law developed through the courts |
|
|
Term
|
Definition
case law that must be followed by lower courts |
|
|
Term
|
Definition
action by citizens to enact legislation through the voting process |
|
|
Term
|
Definition
vote on whether to accept or reject proposed legislation or constitutional amendments |
|
|
Term
|
Definition
chronological compilation of statutes |
|
|
Term
|
Definition
power to first hear a case |
|
|
Term
|
Definition
open court process where the parties present evidence; question witnesses, and generally put their case before the court |
|
|
Term
|
Definition
in a trial, the one who determine the true facts; either a jury or in no jury, the judge |
|
|
Term
|
Definition
the power of the federal courts to hear a case |
|
|
Term
|
Definition
basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and amount in controversy exceeds $75,000 |
|
|
Term
|
Definition
term that describe entire panel of judges on a court hearing a case |
|
|
Term
|
Definition
power of a court to review what happened in a lower court |
|
|
Term
|
Definition
directions read to the jury by the judge; simplify the law applicable to the case |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
petition for writ of certiorari |
|
Definition
document filed with the Supreme Court requesting a hearing |
|
|
Term
|
Definition
judicial office; federal magistrate appointed by judge of federal district courts. Have some powers of judges |
|
|
Term
|
Definition
assist the court and udge by filing documents, marking and safeguarding evidence, reviewing document that are submitted to the judge. |
|
|
Term
|
Definition
records testimony that takes place during the open court (transcript) |
|
|
Term
|
Definition
responsible for safety of judge and for order within the court room |
|
|
Term
|
Definition
authorized by state to practice law |
|
|
Term
|
Definition
administered by a state...tests an individuals knowledge of the law |
|
|
Term
|
Definition
|
|
Term
|
Definition
law student interning or working in a law firm while attending school |
|
|
Term
|
Definition
document written to communicate the results of legal research |
|
|
Term
|
Definition
hearing before administrative agency |
|
|
Term
judicial conference of US |
|
Definition
principal policy making body concerned with the administration of the US court |
|
|
Term
|
Definition
standards to responsible and professional conduct |
|
|
Term
|
Definition
special relationship of trust and confidence between attorney and client |
|
|
Term
|
Definition
action of denying an attorney the right to practice law in the state |
|
|
Term
|
Definition
special bank account maintained by an attorney into which funds belonging to client are kept |
|
|
Term
|
Definition
type of trust account in which funds are held until some condition occurs |
|
|
Term
|
Definition
resource that provide the actual law; found in statutes, case law, and the constitution |
|
|
Term
|
Definition
tools used to understand the law,; legal encyclopedia |
|
|
Term
|
Definition
question that must be decided by a court |
|
|
Term
|
Definition
relates directly to the issues |
|
|
Term
|
Definition
sever from the trial, in family law, it mans that the divorce or dissolution may be granted but parties will need to come back to court |
|
|
Term
|
Definition
collection of legal information; secondary source of law |
|
|
Term
|
Definition
resources used to locate primary and secondary sources |
|
|
Term
|
Definition
brief summary of a statute or a case |
|
|
Term
|
Definition
legal resource filled with sample forms and explanation on how and when to use the forms |
|
|
Term
|
Definition
publication containing article written by judges, professors, and attorneys |
|
|
Term
|
Definition
book that reviews a special field of law (hornbook) |
|
|
Term
|
Definition
an index to reported cases arranged by subject, short summary of case |
|
|
Term
|
Definition
collection of reported cases |
|
|
Term
|
Definition
computer assisted legal research service provided by west publishing company |
|
|
Term
|
Definition
set of published volumes of cases by courts |
|
|
Term
|
Definition
legal principle to be taken from courts decision |
|
|
Term
|
Definition
set of published volumes of cases by courts in specific regions of the US |
|
|
Term
|
Definition
short summary of a published case |
|
|
Term
|
Definition
removable supplement to a volume of statutory law, including all changed or additions to the material contained in the hard bound volume |
|
|
Term
|
Definition
constitutional doctrine that each of three branches of govt has separate and distinct powers |
|
|
Term
|
Definition
3 branches operate as a check on the power of the other branches |
|
|
Term
|
Definition
power of courts to review statutory law to determine if it's constitutional |
|
|
Term
|
Definition
order from one court to an agency or lower court directing that it do or refrain from doing something |
|
|
Term
|
Definition
specific rights expressed in Bill or Rights are included in the concept of due process under 14th amendment |
|
|
Term
|
Definition
clause in the 2st amendment hat prohibits govt from enacting any law that results in established religion |
|
|
Term
|
Definition
prohibits govt from enacting any law that interfere with any persons right to freely practice religion |
|
|
Term
|
Definition
untrue statement that injures another's reputation |
|
|
Term
|
Definition
acting with ill will toward a person |
|
|
Term
|
Definition
sexual material that appeals to prurient interest and has no socially redeeming value |
|
|
Term
|
Definition
transaction that takes place between two or more states that have an economic impact |
|
|
Term
|
Definition
gives special consideration to a member or a group that have historically suffered discrimination |
|
|
Term
|
Definition
|
|
Term
|
Definition
requirement of 5th and 14th amendment that govt can't deprive a person of life, liberty, property without a fair hearing |
|
|
Term
|
Definition
"unless laws serve a legitimate purpose or related to achieving that purpose" |
|
|
Term
|
Definition
examining the constitutionality of a law |
|
|
Term
|
Definition
separate opinion written by one or more justices in a case, disagrees with majority |
|
|