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Texas Legal Research
Chapter 3
44
Law
Undergraduate 1
02/20/2012

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Term
constitution
Definition
the system of fundamental principles by which a nation, state, or corporation is governed.
Term
branches of government
Definition
Three divisions into which the Constitution separates the government of the United States, specifically, the executive branch, the legislative branch, and the judicial branch
Term
legislative branch
Definition
the legislative branch is primarily responsible for enacting the laws.
Term
executive branch
Definition
the executive branch is primarily responsible for enforcing the law.
Term
Judicial Branch
Definition
is primarily responsibe for interpreting the law
Term
Bill of Rights
Definition
the first 10 amendments to the United States Constitution; the portion of the Constitution that sets forth the rights that are the fundamental principles of the United States and the foundation of American Citizenship.
Term
case law
Definition
the law as laid down in the decisions of the courts in similar cases that have previously been decided.
Term
common law
Definition
law found in the decisions of the courts rather than in statutes; judge-made law; English law adopted byt the early American colonists, which is part of the Untied States' judicial heritae and forms the basis of much of its law today
Term
stare decisis
Definition
the doctrine that judicial decisions stand as precedents for cases arising in the future.
Term
precedent
Definition
prior decisions of the same court or a higher court that a judge must follow in deciding a subsequent case presenting similar facts and the same legal problem, even thoughdifferent parties are involved and many years have elapsed.
Term
binding precedent
Definition
previous decisions of a higher court that a judge must follow in reaching a decision in a case.
Term
nonbinding precedent
Definition
previous decisions of a higher court that a judge may, but does not have to, follow in reaching a decision in a case.
Term
distinguishing a case
Definition
the explain why a particular case is not precedent or authority with respect to the matter in controversy; to point out significant differences
Term
case reporter
Definition
offical, published reports of cases decided by courts, giving the opinions rendered in the cases, with headnotes prepared by the publisher.
Term
looseleaf reporter services
Definition
offical reports of cases decided by courts that are published in a notebook-style format that can be easily updated by substituting more recent pages for the original ones.
Term
statutory law
Definition
law that is promulgated (to set forth or teach publically) by statute, as opposed to law that is promulgated by judiciary.
Term
slip law
Definition
a single judicial decision published shortly after it has been issued by the court and well before it is incorporated into a reporter.
Term
session laws
Definition
the collected statutes enacted during a session of a legislature.
Term
statutory codes
Definition
the published statutes of a jurisdiction, arranged in systematic form.
Term
administrative law
Definition
the body of law that controls the way in which administrative agencies operate; regulations issued by administrative agencies.
Term
administrative agency
Definition
a board, commission, bureau, office, or department, of the executive branch of government, that implements the law that originates with the legislative branch
Term
civil law
Definition
law based upon a published code of statutes, as opposed to law found in the decisions of courts
Term
lawsuit
Definition
an informal term for an action or proceeding in a civil court, but not for a criminal prosecution
Term
remedy
Definition
the means by which a right is enforced, an injury is redressed, and relief is obtained.
Term
monetary damages
Definition
the sum of money that may be recovered in the courts as financial reparation for an injury or wrong suffered as a result of breach of contract or a tortious act.
Term
equitable relief
Definition
a remedy available in equity rather than at law; generally relief other than money damages.
Term
compensatory damages
Definition
damages recoverable in a lawsuit for loss or injury suffered by the plaintiff as a result of the defendant's conduct.
Term
special damages
Definition
damages that may be added to the general damages in a case, and arise from the particular or special circumstances of the case; the natural but not necessary result of a tort; damages arising naturally but not necessarily from a breach of contract
Term
general damages
Definition
damages that are the natural and probable result of the wrongful acts complained of
Term
nominal or token damages
Definition
damages awarded to a plaintiff in a very small or merely symbolic amount where no actual damages have been incurred, but the saw recognizes the need to vindicate the plaintiff, or some compensable injury has been shown, but the amount of that injury has not been proven.
Term
punitive damages
Definition
damages that are awarded over and above compensatory damages or actual damages because of the wanton, reckless, or malicious nature of the wrong done by the plaintiff
Term
exemplary damages
Definition
damages that are awarded over and above compensatory or actual damages for the purpose of making an example of the plaintiff to discourage others from engaging in the same kind of conduct in the future
Term
injunction
Definition
a court order that commands or prohibits some act or course of conduct.
Term
specific performance
Definition
the equitable remedy of compelling perfomance of contract, as distinguished from an action at law for damages for breach of contract due to nonperformance
Term
criminal law
Definition
branch of the law that specifies what conduct constitutes crime and establishes appropriate punishments for such conduct.
Term
crime
Definition
an offense against the authority of the state; a public wrong, as distinguished from a private wrong; an act in violation of the penal code; a felonhy or a misdemeanor
Term
misdemeanor
Definition
a crime not amounting to a felony; in many jurisdicions, misdemeanors are offenses for which the punishment is incarceration for less than a year or the payment of a fine.
Term
felony
Definition
a general term for more serious crimes, as distinguished from lesser offenses, which are known as misdemeanors; in manhy jurisdictions, felonies are crimes for which the punishment is death or more than one year of imprisonment.
Term
substantive law
Definition
area of the law that defines right conduct, as opposed to procedural law, which governs trhe process by which rights are adjudicated.
Term
procedural law
Definition
the law governing the manner in which rights are enforced; the law precribing the procedure to be followed in a case
Term
primary sources
Definition
the collective term for the main sources of the law:constutions, judicial opinions, statutes and treaties, and administrative law.
Term
mandatory authority
Definition
binding legal authority that a court must follow in making a decision in a case
Term
persuasive authority
Definition
authority that is neither binding authority nor precedent, but which a court may use to support its decision if it chooses
Term
secondary authority
Definition
nonbinding or persuasive authority that is not the law itself but simply commentary upon or a summary of the law
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