Shared Flashcard Set

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Legal Terms
Gordon 5th Edition/ Class
48
Law
Undergraduate 1
08/25/2011

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Cards

Term
Jurisdiction
Definition
This term represents the authority of a court, tribunal or other empowered person or persons (such as an arbitrator) to hear and decide a case
Term
Venue
Definition
Location of trial
Term
Statute
Definition
The written, codified law that is passed by a governmental body, usually as a result of being passed by Congress and signed into law by the President or passed by state legislature and signed into law by the state governor.
Term
Common Law
Definition
Is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases.
Term
Mediation
Definition
is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute.

does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.
Term
Diversity jurisdiction
Definition
A case involving two citizens of two different states and where the plaintiff seeks damages that exceed $75,000.

Federal courts are empowered to hear cases that either deal with a question of federal law
Term
Appeal
Definition
After a decision is rendered in a lower court, a party may make an application (written request) to a higher court for them to review the decision and potentially modify or reverse the judgment of the lower court.
Term
Plaintiff
Definition
One bringing suit. The complainant
Term
Defendant
Definition
One whom the complaint was filed against.
Term
Summons
Definition
Term
Warrant
Definition
A given assurance to obtain ppl, enter prop, evidence etc
Term
Nolo Contendere
Definition
A plea from defendant neither admitting or denying charges
Term
Force majeure
Definition
Act of God. Excuses a party from liabilty
Term
Indictment
Definition
A Formal accusation
Term
Precedent
Definition
Prior opinion
Term
Stare Decisis
Definition
Let the decision stand
Term
Lis pendens
Definition
Pending suit
Term
Complaint
Definition
A formal document containing s short statement of claim demanding plaintiffs claim
Term
Docket
Definition
Record of cases filed with the court
Term
Affidavit
Definition
Written statement sworn under oath as being true to their knowledge
Term
Deposition
Definition
A testimony given by a witness under oath later reduced to writing
Term
Answer
Definition
A reply to complaint (of admission of guilt or denial)
Term
Counterclaim
Definition
When the defendant files suit against plaintiff
Term
Cross Claim
Definition
A suit where the defendant files suit against the plaintiff, another defendant in the same trial
Term
Allegation
Definition
A statement made that the plaintiff expects to prove
Term
Affirmative Defense
Definition
A defense raised, usually in criminal cases, which absolves the defendant from liability but which usually must be proven by the defendant to be used
Term
Fraud
Definition
The intentional deception of a person which causes that person a loss.
Term
Statute of limitations
Definition
The period of time following an incident that gave rise to a lawsuit during which a lawsuit can be filed
Term
Interrogatories
Definition
Written questions that are sent to the opposing party to answer, which a party may answer or object on legal ground
Term
Request for admission
Definition
a part of the discovery (fact-finding) process that occurs before trial. It is a written set of questions or statements served by a party to a lawsuit on an opposing party or witness which are required to be denied or admitted in writing and returned to the requesting party with in a specified time, usually thrity days.
Term
Subpoena
Definition
an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit.
Term
Subpoena duces tecum
Definition
An order demanding a person to appear with papers or other material
Term
Verbatim
Definition
Word per word
Term
Impeach
Definition
Call into question a witness' credibility. Tool for deposition
Term
Notary public
Definition
Authorized to administer oaths, certifies, acknowledges and performs official acts
Term
Voir dire
Definition
Examinations of jurors to see if they are indifferent and not bias
Term
Bench trial
Definition
Trial without jury
Term
Direct evidence
Definition
Something heard, seen, or smelled. (smoking gun)
Term
Circumstantial evidence
Definition
Evidence that can be wrong( a doubt)
Term
Case in chief
Definition
Introducing evidence to prove allegations that were made in pleading and in opening statement
Term
Exhibit
Definition
Tangible item entered into evidence
Term
Judgement
Definition
Decision of the court of law
Term
Decree
Definition
Decision of the court of equity
Term
Injunction
Definition
A court order of equity to do or refrain from a particular act
Term
Direct examination
Definition
Questioning ones own witness
Term
Cross examination
Definition
When the opposing side is questioning a witness
Term
Redirect examination
Definition
After cross- questioning ones own witness to clarify statement
Term
Recross examination
Definition
After redirect- if opposing side chooses to further question the previous statement
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