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| a question which must be answered by applying relevant legal principles, through an interpretation of the law. |
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| must be answered by reference to facts and evidence, and inferences arising from those facts |
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| law developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statutes or executive branch action |
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| a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts |
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| Two conditions must be satisfied for a precedent to be mandatory; (1)decided by court from the same jurisdiction (2) it was a high level court |
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| a precedent that does comes from neither a higher court nor in the same jurisdiction |
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| n. Latin for "to stand by a decision," the doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court. |
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| Laws granted by the constitution |
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| Laws created by the legislature |
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| a court's determination of a matter of law based on the issue presented in the particular case. In other words: under this law, with these facts, this result. |
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| It is a legal phrase which refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgment. WHY WAS THE DECISION MADE |
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| an opinion by the court that was not essential in the decision |
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| defines the conditions under which people have the legal power to make and receive enforceable promises |
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| Actions brought to recover damages for a breach of contract |
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| action for recovery of value from something that another person has. (a) must be personal property and not land (b) not an action to recover the item (replemine) |
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| action to return a specific item of personal property. |
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| termination of a legal action without an actual determination of the controversy on merit; to throw out the former claim |
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| A person has an interest when he or she has a stake in how another person acts. |
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| a psychological fact that forms from the parties belief in how the world should exist after the contract; forward thinking |
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| Interest created by altering an action because reliance is put on one party; backwards thinking |
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| a petition in equity is an attempt to seek a remedy in law by a higher authority deciding a case more equally |
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| concerns benefits one party received over another. |
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when a person has a strong enough interest to justify imposing a duty on another person
EX. Hawkin's hand |
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how a person is legally obligated to act
EX. Doc McGee |
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| what the words mean within a relevant practice; not just what the speaker intended his words to mean. |
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| In contract with another person, with an understanding |
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| Fail to live up to the standards of the profession |
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| a call out; The judge says that the plaintiff does not have enough evidence to show a jury |
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| Enough evidence for a jury |
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| Promises that are not enforceable, a statement of belief; "you will love this car" |
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| Convert losses (pain and suffering) to money |
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| a transaction that covers the difference between the promised and the actual price |
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| The actual possessor for the property; the person who is claiming adverse possession. |
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| All the sticks (real property) |
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