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| point in question or dispute |
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| some aspects of doing work that are matters of debate |
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| generically refer to guidelines or codes that govern the behavior of members of a given profession |
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| someone acting in accordance with the standards, codes, guidelines or policies of a profession |
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| someone acting in accordance with the law |
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| what is intrinsically good, useful and desirable |
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| what is right or wrong conduct in its own right, based on more such as religious principles |
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| moral principles or rules of conduct of a particular group |
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| beliefs about what's right and correct conduct for a profession; often include standards of practice along with statements that embody the values of a profession; tend to be living documents that continually evolve |
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| procedures or courses of action of an organization to ensure expediency and prudence in the work being done |
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| dictates typically from governmental authorities often with sanctions for non-compliance |
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| recommendations that describe acceptable behaviors |
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| rules of behaviors drawn up by the profession often with civil sanctions and setting parameters of ideal behaviors |
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| civil wrong or injury done to another that is not based on an obligation under a contract |
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civil wrong that includes:
- legal duty
- owed by one person to another
- a breach of that duty
- harm caused as a direct result of the action |
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| form of ordinary negligence, refers to lawsuits brought for an act that you perform in your professional capacity; involves professional misconduct or unreasonable lack of skill on your part that results in injury or loss to your client |
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| from state and federal constitutions |
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| from legislatures and governmental agencies |
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| from prior decisions by trial and appeals courts |
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| groups of laws that seek to resolve disputes btw the govt and people; seeks punitive measures such as imprisonment and fines to right a wrong-doing |
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| seeks to resolve disputes btw people by enforcing a right or awarding payment or what is referred to as damages; intent to repair rather than punish behavior |
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| beyond a reasonable doubt |
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| standard of proof used in criminal trials. To convict a criminal defendant, the jury or judge must be strongly persuaded (to have no reasonable doubt) that the defendant is guilty of the crime. The prosecution bears the burden of convincing the jury or judge of the guilt. |
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| a legal model in which the judge (fact finder) takes a more active role by appointing the lawyers and questioning the witnesses |
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| the standard a prosecutor or plaintiff must meet in order to prove their case |
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| standard of proof common in civil trials. Requires that a judge or jury find that the plaintiff's version of the facts is more probable than not. The weight of the evidence is greater for one side than for the other (51% or more of the weight of the evidence) |
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| monetary compensation awarded to a plaintiff in a civil suit. Meant to compensate the plaintiff for some harm or loss suffered bc of an action (or lack of action) by a defendant |
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| law drawn from decisions made by judges in previous cases. Current law is based, in part, on rulings made by judges in prior cases. |
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| The duty of a prosecutor in a criminal case or a plaintiff in a civil case to prove the allegation of wrongdoing. The level of certainty (or lack of doubt) that needs to be established in the minds of jurors or judges. |
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| Trial held before a judge (instead of a jury). The judge hears the evidence and decides the case on both facts and law. |
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| A written, signed statement made under oath attesting to an issue relevant to a dispute |
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| System of justice in which opposing parties present competing versions of the evidence in an effort to win a favorable judgment. Assumes that truth will emerge through a contest between adversaries who present opposing interpretations of the evidence to a neutral fact finder |
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| Legal obligation to act in the best interest of the client |
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| level of care that is consistent with the degree of learning, skill, and ethics ordinarily possessed and expected by reputable counselors practicing under similar circumstances |
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