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| Legal capacity to require another person to perform or refrain from an action |
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| an obligation of law imposed on a person to perform or refrain from performing a certain act |
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| the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them |
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| the right to be free from unreasonable intrusion by others |
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| legislative acts declaring, commanding, or prohibiting something |
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| A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed |
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| The rules and regulations parties agree to as part of their contractual relationships |
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| Administrative Regulations |
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| rules made by state and federal administrative agencies |
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| Law that includes principles that are expressed for the first time in court decisions |
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| "Let the dicision stand"; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future |
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| the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts |
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| the law that defines rights and liabilities |
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| the law that must be followed in enforcing rights and liabilities |
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| a tribunal established by government to hear tand decide matters |
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| the power of a court to hear and determine a given class of cases the power to act over a particular defendant |
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| Subject Matter Jurisdiction |
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| judicial authority to hear a particular type of case |
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| the authority to hear a controversy when it is first brought to court |
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| the power to hear and decide most controversies involving legal rights and duties |
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| Limited (Special) Jurisdiction |
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| the authority to hear only particular kinds of cases |
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| the power of a court to hear and decide a given class of cases on appeal from another court or administrative agency |
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| taking a case to a reviewing court to determin whether the judgment of the lower court of administrative agency was correct. (Parties- appellant, appelle) |
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| an error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court |
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| action taken by an appellate court that approves the decision of the court below |
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| the term used when the appellate court sets aside the verdict or judgement of a lower court |
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| term used when an appellate court sends a case back to trial court for additional hearings of a new trail |
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| A general trial court of the federal system |
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| The term used when the full panel of judges on the appellate court hears a case |
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| Order by the U.S. Supreme Court granting a right of review by the court of a lower court decision |
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| Courts that resolve disputes between parties whn those disputes do not exceed a minimal level' no lawyers are permitted; the parties represent themselves |
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| party who initiates a lawsuit |
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| party who orginates a criminal proceeding |
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| party charged with a violation of civil or criminal law in a proceeeding |
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| primary officer of the court |
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| Attorney-client Privilege |
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| right of individual to have discussions with his/her attorney, kept private and confidential |
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| a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them |
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| the initial pleading filed by the plaintiff in many actions, which in many states may beserved as orginal process to acquire jurisdiction over the defendant |
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| paperwork served personally on a defendant in a civil case |
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| what a defendant must file to admit or deny facts asserted by the plaintiff |
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| A pleading that may be filed to attack the adverse party's pleading as not stating a cause of action or a defense |
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| a claim that the defendant in an action may make against the plaintiff |
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| the papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indicatio of the nature of the issues |
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| procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation |
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| the testimony of a witness taken out ot court before a person authorized to administer oaths |
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| usuing prior inconsistent evidence to challenge the credibility of a witness |
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| written questions used as a discovery toool that must be answered under oath |
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| Request for Production of Documents |
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| discovery tool for uncovering paper evidence in a case |
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| Motion for Summary Judgment |
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| Request that the court decide a case on basis of law only because there are no material issues disputed by the parties |
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| one who has acquired special knowledge in a partcular field as through practical experience or study, or both, whose opinon is admissible as an aid to the trier of fact |
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| the preliminary examination of a juror or a witness to ascertain fitness to act as such |
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| statements by opposing attorneys that tell the jury what their cases will prove |
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| the quality of the evidence in a case that allows it to be presented to the jury |
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| examiniation of a witness by his or her attorney |
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| the examination made of a witness by the attorney for the adverse party |
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| questioning after crossexamination in which the attorney for the witness testifying may ask the same witness otheer questions to overcome effects of the cross- examination |
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| an examination by the other side's attorney that follows the redirect examination |
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| a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action |
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| the attorney address that follows all the evidence precsented in court and sums up a case and recommends a particular verdict be returned by the jury |
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| a court's declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct |
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| summary of the law given to jurors by the judge vefore deliberation begins |
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| a judgment entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judment should be entereed the opposite of the verdict |
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| the carrying out of a judgement of a court, generally directing that property owned by the defendant be sold and the proceeds firs be used to pay the execution or judgement creditor |
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| the name given in some states to attachment proceedings |
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| the settlement of disputeed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound |
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| a trial required to preserve the constitutional right to a jury trail by allowing an apeal to proceed as though there never had been any prior hearing or decision |
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| the settlement of a dispute through the use of a mssenger who carries to ezch side of the dispute the issues and offers in the case |
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| Reference to a Third Person |
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| settlement that allows a nonparty to resolve the dispute |
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| a court created by a trade association or group for the resolution of disputes among its members |
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| a mock or dry-run trial for parties to get a feel for how their cases will play to a jury |
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| dispute resolution through private courts with judges paid ot be freferees for the cases |
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| a trial held on portions of the case or certain issues in the case |
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| court management tool used by judges to expedite certain cases in which time is of the essence such as abestos cases in which the plaintiffs are gravely ill |
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| a govenment official designated by a tatute to examine citizen complaints |
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