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Intro to law Vocabulary
Chapter vocabulary terms
107
Political Studies
Undergraduate 1
02/02/2010

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