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| Common Law: as a type of law |
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Definition
| That law which comes from the common courts as opposed to legislature or court of equity |
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| A govt. consisting of a union of more or lessself-governing states under an umbrella of federal govt. (union of states under a central govt.) |
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| Common law doctrine that binds an inferior court to follow and apply decisions and interpretations of higher courts when similar cases arise; aka Doctrine of Precedents |
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| A court decision on a question of law that gives authority or direction on a similar question of law in a later case w/ similar facts |
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| A historically based reference to court or judge-made law |
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| A set of books that contain the written opinions of justices of specified appelate courts. these volumes contain decisional or unwritten law. |
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| All reported judicial decisions; the law that comes from judges' opinions in lawsuits. Aka court law, judge law, and common law sometimes |
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| Laws enacted by Congress or by state legislatures |
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| A written law enacted by a city or country; eg. is zoning ordinance to govern land |
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| Old-fashioned reference to the statutes and ordinances of federal state and local govts., and the published rules of administrative agencies |
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Compilations of statutes that are grouped together by subject matter
e.g: vehicle code |
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| The constitutional doctrine that apples whenever the U.S. and a state or local govt. enact conflicting laws on the subject. Under the constitutional doctrine, federal law prevails |
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| A requirement that courts may decide only cases which an actual conflict b/w persons exist. |
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| Judges who believe treating the law as a vibrant, active source of rules. When faced with new issues (e.g. social) of rules, such judges are likely to see the Constitution as a flexible doculment and stare decisis as challengeable upon pressing social issues. |
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| Judges whose reading of the law narrowly interprets legal words and who subscribe the interpreting law consistent w/ the believed meaning given it by the drafters |
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| Any part of a court opinion that is unnecessary to the resolution of dispute before the court. Such disgression by a judge is not binding on later courts. |
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| System of the govt. w/ the supreme power in the people, exercised by representatives chosen through qualified voters |
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| Principals of Constitutional govt.; adherence to them, including restrictions and limitations on govt. power |
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| Action taken impulsively or in bad faith and w/o good or valid reason |
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| The higher law believed by some ethiciss to be above and beyond man's power to change |
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| Law enacted by govt. authority, administered by govt. form, as distinguished from natural law. |
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| Power of U.S. Supreme Court to declare unconstitutional an act of Congress, a presidential order, or a state law |
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| The granting of the various powers of govt. among three branches so each branch checks the other two |
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| {Latin: "you have the body"} A formal written order that an arrestee be brought before the court. Usually to protect against abusive incarceration |
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| Act of legislature inflicting capital punishment upon a named person or member of a specific group w/o trial and conviction. Forbidden by the U.S. Constitution |
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| {Latin: "After the fact"} A statute that retroactively makes previously lawful conduct a crime. Such a statute is unconstitutional. |
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| An electoral process for making new statutes or changing the Constitution by filing appropriate formal petitions to be voted upon by legislature (and governor) or by the total electorate, |
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| A democratic process whereby a state legislature submits (refers) proposed or existing laws to the electorate for approval or rejection |
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| A democratic process for removing public officials from their elective positions by a vote of the people taken after filing of a petition signed by the required number of qualified voters. |
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| Inherent power of the govt. to make laws and impose reasonable regulations for the health, safety, morals, or general welfare of the public, even when this limits individual freedoms. |
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| The judicial doctrine that holds that any state or federal law that is inconsistent with the U.S. Constitution is null and void |
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| The exchange of goods or commodities for payment in cash, credit, services, or other goods |
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| A part of the U.S. Constitution that provides Congress w/ the power to pass laws to provide for trade w/ foreign countries and among states |
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| Activity that crosses state boundaries |
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| Activity that occurs entirely w/i a state's boundaries |
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| General principals and detailed rules tat define the method of administering substantive law |
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| General principals and other detailed rules that define legal rights and duties. |
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| Principle that decisions should be made by application of establishted laws w/o intervention of individual discretion. |
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a) Govt. boy that administers justice by applying laws to civil controversies and criminal offenses
b) The place where trials are heard |
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Definition
| The initial court that hears evidence and apples law to decided facts |
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Definition
| In trial, the person trying to recover money damages or other relief from a defendent |
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Definition
| money awarded by a court to a plaintiff for injury or economic loss caused by the defendent. |
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a) In a civil trial, the person whom money damages or other reliefs is sought by the plaintiff
b) In a criminal trial, the accused |
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| A court process at law or in equity to determine the legal merits of a controversy |
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| A lawsuit commenced for the purpose of resolving a civil conflict |
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Definition
| A trial in which the govt. prosecutes a person charged with a crime |
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| A farce trial- one that lacks proper procedure and fairness and where the outcome is predetermined. Origin of the term is thought to be the bizarre appearance of the animal after which it is named |
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| Former request to a higher court to review any action of a lower court. |
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Definition
| Court that reviews decisions of prior courts for substantive and proccedural correctness |
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| Written arguments addressed to the appellate court |
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| The power of a court to decide a controversy and to award appropriate relief |
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Definition
| Power of more than one court to hear a case |
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Term
| Subject Matter Jurisdiction |
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Definition
| The power or a court to hear and decide cases of the general type to which the subject in question belongs. |
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Definition
| Limitation on a court as to the types of cases it can hear and decide |
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| Authorization of a court to hear and decide virtually any type of case occurring w/i the political boundaries of the geographic area in which it is located. |
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| The local place, w/i the geographical boundaries of a larger jurisdiction, where a case is generally most appropriately tried |
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Term
| Motion for Change of Venue |
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Definition
| Request to a judge by counsel to transfer the trial to a different geographic location w/i the jurisdiction of the court |
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| "In Personam" Jurisdiction |
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Definition
| The power of the court over a person |
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Definition
| A state law authorizing a court to hear cases brought against nonresidents under specified cirumstances. |
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Definition
| The power of a court to declare rights against the world rather than solely against the named defendant |
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Definition
| A court w/ jurisdiction to decide civil controversies of a relatively minor nature |
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Definition
| A new trial that takes place as if the first trial had not occurred |
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Definition
| A basis of jurisdiction in federal courts requiring that plaintif and defendant be involved in an actual controversy, that they be citizens of different states, and that the minimum of $75,000 be sought in damages |
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| Sole power of a court has over the particular subject matter of case |
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Definition
| A procedural document whereby an appellate court exercises its discretionary power to accept jurisdiction of a pending case |
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| Document statin the facts constituting an alleged cause of action |
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Definition
| An existing right to seek and to receive judicial relief, assuming the factual allegations of the plaintiff are true |
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Definition
| A document issued by a clerk of the court inviting that defendant to respond to a complaint |
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Definition
| A person who serves(delivers) a copy of the summons and complaint, or other legal document, upon a party request of the opposing party to civil litigation |
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Definition
| A document containing a defendent's denials, admissions, or allegations of fact in response to a complaint |
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Definition
| The complaint of the plaintiff and answer of the defendent in a lawsuit |
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Term
| "Demurrer" or Motion to Dismiss |
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Definition
| A motion filed by a defendent in response to a summons and complaint alleging the complaint, even if its true, is insufficient to state a cause of action |
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Term
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Definition
| A formal request by counsel addressed to a court or other tribunal for a particular decision or act |
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Definition
| Agreement by the judge w/ request by an attorney-at-law |
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Definition
| A statute that bans civil or criminal proceedings unless brought w/i a specified period of time after the act occurred |
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Definition
| Court-awarded judgement based on the defendent's failure to answer the summons and complaint or to appear at the trial to contest the claim of the plaintiff |
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Definition
| A legal action where only one side of the dispute is heard |
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Definition
| Formal commencement of a criminal case by a specified public official such as a district attorney or by a grand jury |
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Definition
| An accusation of a criminal offense issued following a preliminary hearing |
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Definition
| Appointed body of citizens formed both to investigate the operations of govt. and to issue indictments against persons suspected of criminal conduct |
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Definition
| An accusation of felony filed by a grand jury |
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Term
| Alternative Dispute Resolution (ADR) |
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Definition
| Any of various methods of resolving disputes through means other than judicial process |
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Definition
| Group of methods used during the period b/w commencement of a lawsuit and the date of trial to learn facts about the dispute |
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Definition
| Questioning of a witness or adverse party to an action, under oath, by the opposing attorney before the trial |
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Definition
| A form of discovery consisting of written questions directed to a party or witness who is expected to reply with written answers under oath. |
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Definition
a) To discredit, dispute, disparage, or contradict a witness's testimony
b) Proceeding against a political figure for a crime or misfeasance before the proper political forum. |
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Definition
| Request to a judge by counsel to compel the opposing party to provide specified evidence to the court |
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Definition
| An order directing a person to appear at a certain time and place for the purpose of giving testimony as a witness. |
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Definition
| A judicial order to bring specified documents or physical evidence to the court |
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Term
| Priviledge Against Self-Incrimination |
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Definition
| The right of any person including one accused of a crime, to remain silent when what might be said could indicate criminal guilt |
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Term
| Motion for Summery Judgement |
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Definition
| Request to a judge by counsel to award judgement b/c there are no significant questions of fact on the lawsuit |
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Term
| Pretrial Hearing/ Conference |
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Definition
| Hearing occuring before a trial |
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Definition
| A group of men and women sworn to declare the truth based on evidence presented to them |
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Definition
| A binding agreement in which an accused agress to plead guilty if the court agrees to a specified charge and punishment in advance |
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Definition
| Circumstances of matter surrounding and involved in a case that is being tried by a court |
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Definition
| Jury or Judge acting as the finder of issues of fact |
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Definition
| Principals and rules of human conduct determined by the judge to be applicable in a case being tried by a court |
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Definition
| The power of a jury in a criminal trial to disregard the laws and unanimously find the defendent innocent, although there is ample evidence to support a verdict of guilty |
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Definition
| Process of questioning prospective jurors to ascertian whether they have any bias that would make difficult or unlikely their impartiality in determining questions of fact during a trial |
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Definition
| Ability to exclude a prospective juror if bias or perjudice is indicated |
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Definition
| Ability to exclude a prospective juror for any reason other than race or gender |
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Definition
| An equitable remedy allowing a buyer to get possession and title to real property and to goods that are unique when the seller refuses to deliver under a valid sales contract |
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Definition
| An equitable remedy that annuls a contract and returns the parties to the relationship they had before the contract was made |
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Definition
| An order of a court of equity to someone to do or not do some act |
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Term
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Definition
| General rules applied by the courts to cases in equity |
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Term
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Definition
| Willful defiance of the authority of a court, affront to its dignity, or willful disobedience of its lawful orders |
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Definition
| The duty to prodce evidence as a trial progresses |
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Term
| Preponderance of Evidence |
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Definition
| Standard of determining civil liability, that the weight of evidence offered to prove a matter is more probable than not |
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Term
| Beyond a Reasonable Doubt |
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Definition
| The quantum evidence that fully satisfies and entirely convinces the jury in a criminal trial that the defendant is guilty as charged |
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Definition
| A second criminal prosecution against a person for the same single offense, after the parson has been found innocent of the crime in the prior trial |
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Definition
| Summaries by counsel of plaintiff and of defendant indicating what they expect to prove in the ensuing trial |
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Definition
| The case presented by each party in a trial |
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Definition
| Everything presented by disputing parties and witnesses that the "finder of fact" is entitled to consider in arriving at a determination of the facts |
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Definition
| Evidence that is related to facts in dispute |
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Definition
| Evidence that doesn't relate to or have a have a hearing upon a question of fact in dispute during a trial |
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Term
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Definition
| Anyone qualified by knowledge and skill, experience, training, or education to offer a credible and useful opinion upon some material issue in a trial |
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Definition
| {latin: "On first appearance"} Describes facts legally sufficient to establish a fact or case unless disproved by some contrary evidence. |
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Term
| Motion for a Directed Verdict |
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Definition
| Request to a judge by counsel to enter a particular verdict instead of allowing the jury to do so b/c there are insufficient facts to allow any other verdict. |
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Definition
| The review of the evidence presented to the court by each lawyer in oral argument at the close of the trial |
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Definition
| Rules of law and charges provided by the judge to the jury for guidance in reading a verdict. |
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Definition
| The review, discussion, and weighing of evidence presented during trial by a Jury |
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Definition
| the expressed decision of the jury on questions of fact submitted to it for determination, based on evidence presented during trial. |
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Term
| Judgement "Non obstante verdicto" |
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Definition
| A decision by a judge that overrules the verdict of the jury deciding guilt |
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Term
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Definition
| The final determination or decision of the court as to the rights and duties of the parties in lawsuit |
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Definition
| A person against whom a judgement for payment of money has been entered but whom has not yet made or completed that payment |
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Definition
| A person who has won a judgment but has not been fully paid |
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Definition
| Order of the court directing the sheriff to confiscate property of the defendent to the plaintiff |
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Term
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Definition
| the legal proceeding in which a plaintiff-creditor gets a court order compelling a third party to pay monies earned by the defendant to the plaintiff |
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Term
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Definition
| the confirmation of a lower court's judgement or order b/c the prior decision is deemed to be correct and free from prejudicial error |
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Definition
| Appellate court sets aside decision of a lower court |
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Definition
| Appellate court alters the decision of a lower court |
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Definition
| Appellate court sends case back to the lower court to take some further action |
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Definition
| The jurisprudential system in which the parties to a legal dispute are opponents. their attorneys advocate a great variety of theories of benefit to the cause of their clients both before and during the trial, and on any appeal |
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Definition
| A legal system used in some countries that allows the judge to investigate, question witnesses, and seek out evidence before a trial |
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Definition
| A person licensed to practice law and usually called a "lawyer, attorney, counsel, or counselor" |
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Definition
| Someone with specialized training who assists attornies; aka a paralegal |
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Definition
| A relationship between two persons wherin one has an obligation to perform services w/ scrupulous good faith & honesty. |
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Definition
| Term meaning the person represnts herself/himself in a legal action w/o attorney. (In pro se: on one's own behaf) |
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Definition
| A fixed percentage of the monetary recovery obtained by a lawyer for a client. It is agreed on in advance and accepted full payment for services rendered |
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Term
| Legal Services Corp. (LSC) |
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Definition
| A federally funded corperation that distributes federal tax dollars to state programs that provide legal assistance in noncriminal proceedings to persons financially unable to afford such services |
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Definition
| When an attorney provides legal services free of charge to poor but worthy clients or causes. |
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Definition
| Insurance plans designed to make legal services available to members of unions or other organizations |
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Definition
| A nonprofit law firm that offers assistnance in areas such as employment, minority rights, civil rights, political rights, family law, and environmental law |
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Term
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Definition
| Written rules of conduct that are adobted by and binding upon members of a professional group |
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Definition
| Rules promulgated by lawyer-governing bodies to proscribe standards of professional behavior and regulate lawyer and judicial conduct |
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Term
| Attorney-Client Privilege |
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Definition
| The right of a client to keep communications w/ his or her attorney confidential and free from disclosure |
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Term
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Definition
| A private communication w/ an attorney-at-law in which the attorney is under a duty to keep info safe |
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Term
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Definition
| When a client's interests are at odds w/ another's because the attorney serves, might serve, or is tempted to serve the others |
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Definition
| A lawyer provided by the community or a person who is accused of a serious crime (felony) and cannot affor to hire counsel. |
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Term
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Definition
a) A sum of money paid to an attorney for a promise to remain available to the client for consulation when needed and requested
b) Fees paid in advance that are held in a trust account to be drawn down (taken) by the attorney as work progresses |
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Term
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Definition
| When all members of a group of persons who have suffered the same or similar injury join together in a single lawsuit against the alleged wrongdoer. The group must be so numerous that it's impractible to bring in all members to court. |
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Definition
| Assisting a party to a lawsuit w/ money or otherwise, to prosecute or defend the lawsuit |
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Term
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Definition
| An illegal agreement w/ a party to a suit for a portion of any recovery in exchange for paying the litigant's lawsuit expenses. |
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Definition
| Violation of a duty of due care by a professional person |
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Definition
| Communication b/w disputing parties for the purposes of persuasion and settlement or resolution |
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Term
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Definition
| The use of a neutral third party to assist parties in voluntarily resolving their dispute. |
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Definition
| Use of a third party to lower tensions, improve communications, and explore possible solutions to conflict |
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Term
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Definition
| A private confidential meeting b/w disputants and a 3rd party neutral |
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Term
| American Arbitration Association (AAA) |
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Definition
| Private nonprofit organization organized to provide education, training, and administrative assistance to parties who use nonjudicial methods- that is, alternative dispute resolution (ADR)- for resolving conflict |
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Term
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Definition
| Alternative to litigation where by conflicting parties select a neutral third party to hear and decide their dispute. Arbitration can be binding or nonbinding |
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Term
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Definition
| The final decision of an arbitrator or other nonjudicial officer in the resolution of a dispute. |
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Term
| Court-Annexed Arbitration |
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Definition
| A type of nonbinding arbitration required by some courtes before the parties may proceed to trial |
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Term
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Definition
| An alternative dispute resolution (ADR) process that combines mediation and arbitration |
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Term
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Definition
| The use of legally trained arbitrator who follows formal judicial procedures in hearing a cae outside of court |
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Term
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Definition
| A proactive neutral party who investigates and determines the facts and suggests resolutions to disputes |
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Definition
The first 10 Amendments to the U.S. Constitution
(If you don't know this, stop studying and drop MGMT 200) |
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Term
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Definition
| The requirement that legal proceedings, (including arrest, civil/criminal trials, and punishment) comply w/ the U.S. Constitution and other applicable substantive and procedural laws |
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Definition
| The clause in the 14th Amendment to the U.S. Constitution decalring that "no state shall...deny to any person w/i its jurisdiction the equal protection of the laws" |
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Term
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Definition
| The Supreme Court's utilization of the 14th Amendment to find Bill of RIghts limitations on state and local govts. |
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Definition
| "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; of abriging the freedon om speech, or the press, or the right of the people peaceably to assemble, and to petition the govt. for a redress of grievences." |
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Definition
| Restraints on publication before its actually published |
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Definition
| Oral, written, and other forms of communication used in advertising and in other business activities |
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Term
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Definition
Words spoken, written, or symbolized that express irrational and false ides that insult and demean a certain persons or classes of persons
e.g: cross burning on private lawns |
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Term
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Definition
| "Congress shall make no law respectng an establishment of religion or prohibiting its free exercise" |
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Term
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Definition
| The court-made rule that precludes the use in criminal court proceedings of any evidence improperly obtained by the prosecution |
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Term
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Definition
| "No person shall be held to answer for a capital or otherwise infamous crime, unless on the presentment or indictment of a Grand Jury, except in cases arising in the land or the naval forces, or in the Militia, when in actual service time of War or public danger; no person shall get double-jeopordy; nor be compelled to be a witness against themself; nor be deprived of life, liberty, or property w/o process of law |
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