Term
|
Definition
| 1)Keeping the Peace 2)Shaping Moral Standards 3)Promoting Social Justice 4)Maintaining Status Quo 5)Facilitating Orderly Change 6)Facilitating Planning 7)Providing Basis for Compromise 8)Maximizing individual freedom |
|
|
Term
|
Definition
| The philosophy or science of law |
|
|
Term
|
Definition
| Says that law is based on what is correct. They emphasize the moral theory of law that says that law should be based on morality and ethics. |
|
|
Term
|
Definition
| Believe that law is an aggregate of social traditions and customs that have developed over the centuries. |
|
|
Term
|
Definition
| Maintains that the law is shaped by logic. |
|
|
Term
|
Definition
| Asserts that the law is a means of achieving and advancing certain sociological goals. |
|
|
Term
|
Definition
| Believe that law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. |
|
|
Term
|
Definition
| Law developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases. |
|
|
Term
|
Definition
| Courts Established where judges where to administer the law in a uniform manner. |
|
|
Term
|
Definition
| The first form of appellate courts where people went to if they felt the decision of the law court was unfair. |
|
|
Term
|
Definition
| Early European courts established to administer the rules of trade. |
|
|
Term
| Constitution of the United States |
|
Definition
| The supreme law of the United States |
|
|
Term
|
Definition
| A compact made between two or more nations |
|
|
Term
|
Definition
| Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties. |
|
|
Term
|
Definition
| Laws enacted by local government bodies such as cities, municipalities, counties, school districts, and water districts. |
|
|
Term
|
Definition
| An order issued by a member of the executive branch of the government. |
|
|
Term
|
Definition
| Agencies (such as the Securities and Exchange Commission or Federal Trade Commission) that legislative and executive branches of federal and state governments are empowered to establish. |
|
|
Term
|
Definition
| A decision about an individual lawsuit issued by federal and state courts. |
|
|
Term
|
Definition
| A rule of law established in a court decision. Lower courts must follow precedent established by higher courts. |
|
|
Term
|
Definition
| Latin: "to stand by the decision." Adherence to precedent. |
|
|
Term
| Limited-Decision Trial Court |
|
Definition
| A court that hears matters of a specialized or limited nature. |
|
|
Term
|
Definition
| a court that hears civil cases involving small dollar amounts. |
|
|
Term
| General-Jurisdiction trial court |
|
Definition
| A court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference. |
|
|
Term
| Intermediate appellate court |
|
Definition
| an intermediate court that hears appeals from trial courts. |
|
|
Term
|
Definition
| The highest court in a state court system; it hears appeals from intermediate state courts and certain trial courts. |
|
|
Term
|
Definition
| 1)US tax court 2)US claims court 3)US court of International Trade 4)US Bankruptcy Court |
|
|
Term
|
Definition
| The federal court system's trial courts of general jurisdiction |
|
|
Term
|
Definition
| The federal court system's intermediate appellate courts. |
|
|
Term
| Court of Appeals for Federal Circuit |
|
Definition
| A court of appeals in Washington DC, that has special appellate jurisdiction to review the decisions of the claims court, the patent and trademark office, and the court of international trade. |
|
|
Term
|
Definition
| The highest court in the land, created by article III of the US Constitution. It is located in Washington DC. |
|
|
Term
|
Definition
| A petition asking the Supreme Court to hear a case. |
|
|
Term
|
Definition
| An official notice that the Supreme Court will review a case. |
|
|
Term
| Unanimous Supreme Court decision |
|
Definition
| All the justices voting to agree as to the outcome and reasoning used to decide the case. Becomes precedent for later cases. |
|
|
Term
| Majority Supreme Court decision |
|
Definition
| If a majority of the justices agree as to the outcome and reasoning used to decide the case. Becomes precedent for later cases. |
|
|
Term
| Plurality Supreme Court decision |
|
Definition
| If a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome. It settles the case, but does not become precedent. |
|
|
Term
| Tie Supreme Court decision |
|
Definition
| When the Supreme court sits with less than nine justices a tie can occur. In this case the previous decision is upheld. |
|
|
Term
| Concurring Supreme Court opinion |
|
Definition
| When a justice agrees with the outcome of the case but not for the reason proffered by the other justices, he issues a concurring opinion. |
|
|
Term
| Dissenting Supreme Court opinion |
|
Definition
| A justice who does not agree with a decision can file a dissenting opinion. |
|
|
Term
| Subject Matter Jurisdiction |
|
Definition
| Jurisdiction over the subject matter of a lawsuit. |
|
|
Term
| Jurisdiction of the Federal Court |
|
Definition
| 1)Federal Questions. 2)Diversity of Citizenship cases. 3) They also have exclusive jurisdiction of cases involving federal crimes, antitrust, bankruptcy, patent and copyright cases, suits against the US and most admiralty cases. |
|
|
Term
|
Definition
| A case arising under the US Constitution, treaties, or federal statutes and regulations. |
|
|
Term
|
Definition
| A case between 1)citizens of different states 2)a citizen of a state and a citizen or subject of a foreign country 3)a citizen of a state and foreign country where a foreign country is a plaintiff. |
|
|
Term
|
Definition
| Jurisdiction shared between two or more courts. Federal and state courts have jurisdiction in cases involving diversity of citizenship and federal questions. |
|
|
Term
|
Definition
| A plaintiff's stake in the outcome of a lawsuit |
|
|
Term
|
Definition
| The court must have jurisdiction over the parties to a lawsuit. The plaintiff submits to the jurisdiction of the court by filing lawsuit there. Personal jurisdiction is obtained over the defendant through service of process to that person. |
|
|
Term
|
Definition
| A court may have jurisdiction to hear and decide a case because it has jurisdiction over the property at issue in the lawsuit. (eg real estate) |
|
|
Term
| Quasi in rem jurisdiction |
|
Definition
| A plaintiff who obtains a judgment against a defendant in one state may utilize the court system of another state to attach property of the defendant's that is located in that state. |
|
|
Term
|
Definition
| A statute that extends a state's jurisdiction to nonresidents who were not served a summons within that state. |
|
|
Term
|
Definition
| A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract. |
|
|
Term
|
Definition
| A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| A compliant is filed by the plaintiff with the court and served with a summons on the defendant. It sets forth the basis for the lawsuit. |
|
|
Term
|
Definition
| An answer is filed by the defendant with the court and is served on the plaintiff. It usually denies most allegations of the complaint. |
|
|
Term
|
Definition
| A cross complaint is filed and served by the defendant if he or she countersues the plaintiff. The defendant in the cross-complaint, and the plaintiff is the cross defendant. The cross defendant must file and serve a reply (answer) |
|
|
Term
|
Definition
| A person who has an interest in the lawsuit may intervene and become a party in the lawsuit |
|
|
Term
|
Definition
| Separate cases against the same defendant arising from the same incident may be consolidated by the court into one case if doing so would not cause prejudice to the parties. |
|
|
Term
|
Definition
| Paperwork that initiates and responds to a lawsuit |
|
|
Term
|
Definition
| The pretrial litigation process for discovering facts of the case from the other party and witnesses |
|
|
Term
|
Definition
| oral testimony is given by a deponent, either a party or witness. Depositions are transcribed. |
|
|
Term
|
Definition
| Written questions are submitted by one party to the other party to the other party. They must be answered within a specified time period. |
|
|
Term
|
Definition
| A party to a lawsuit may obtain copies of all relevant documents from the other party. |
|
|
Term
| Physical and Mental Examination |
|
Definition
| Examinations of the party are permitted upon the order of the court where injuries are alleged that could be verified or disputed by such an examination. |
|
|
Term
| Motion for summary judgment on the pleadings |
|
Definition
| This type of motion alleges that if all facts as pleaded are true, the moving party would win the lawsuit. No facts outside the pleadings may be considered. |
|
|
Term
| Motion for summary judgement |
|
Definition
| This type of motion alleges that there are not factual disputes, so the judge may apply the law and decide the case without a jury. Evidence outside the pleadings may be considered. (eg affidavits, documents, depositions) |
|
|
Term
|
Definition
| The settlement conference ccurs prior to trial in front of the judge to facilitate the settlement of the case. Also called the pretrial hearing. If the case is not settled it goes to trial. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| The judge may: 1) enter the verdict reached by the jury as the court's judgment 2) Grant a motion for judgment n.o.v. if the judge finds that the jury was biased. This means that the jury's verdict doesn't stand. 3) Order remittutur (reduction) of any damages awarded if the judge finds the jury to have been biased or emotional. |
|
|
Term
|
Definition
| Both parties in a civil suit and the defendant in a criminal trial may appeal the decision of a trial court. Notice of appeal must be filed within a specified period of time. The appeal must be made to the appropriate appellate court. |
|
|
Term
| Alternative Dispute Resolution (ADR) |
|
Definition
| ADR is a nonjudicial means of solving legal disputes. ADR usually saves time and the expense of costly litigation. |
|
|
Term
|
Definition
| In arbitration, an impartial third party, called the arbitrator, hears and decides the dispute. The arbitrator makes no award: The award is appealable to a court if the parties have not given up this right. |
|
|
Term
|
Definition
| This clause is an agreement contained in a contract that stipulates that any dispute arising out of the contract will be arbitrated. |
|
|
Term
|
Definition
| A neutral third party, called a mediator, may assist the parties in trying to reach a settlement of their dispute. The mediator does not make an award. |
|
|
Term
|
Definition
| An interested third party, called a conciliator, may assist the parties in trying to reach a settlement of their dispute. The conciliator does not make an award. |
|
|
Term
|
Definition
| The parties may hire a neutral third-party, called a fact-finder, to investigate the dispute and report his or her findings to the parties. |
|
|
Term
|
Definition
| With consent of the parties, the court appoints a judicial referee (usually a retired judge or lawyer) to conduct a private trial and render a judgment. the judgment stands as the judgement of the court and may be appealed to the appropriate appellate court. |
|
|
Term
|
Definition
| The first ten amendments to the US Constitution. |
|
|
Term
|
Definition
| A clause in the US Constitution that establishes that the federal Constitution, treaties, federal laws and federal regulations are the supreme law of the land. |
|
|
Term
|
Definition
| The concept that federal law takes precedence over state or local laws. |
|
|
Term
|
Definition
| Certain powers delegated to the federal government by the states |
|
|
Term
|
Definition
| A clause of the US Constitution that grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes. |
|
|
Term
|
Definition
| The power of states to regulate private and business activity within their borders. |
|
|
Term
| Unduly burden interstate commerce |
|
Definition
| To place too heavy a burden on interstate commerce. States may enact laws that protect or promote the public health, safety, morals, and general welfare, as long as the law does not unduly burden interstate commerce. |
|
|
Term
|
Definition
| Additions to the US constitution that add to natural person's fundamental rights. |
|
|
Term
| Unduly burden interstate commerce |
|
Definition
| To place too heavy a burden on interstate commerce. States may enact laws that protect or promote the public health, safety, morals, and general welfare, as long as the law does not unduly burden interstate commerce. |
|
|
Term
|
Definition
| The right to engage in oral, written, and symbolic speech protected by the first amendment. |
|
|
Term
|
Definition
| Speech that is offensive to many members of society. It is subject to time, place, and manner restrictions. |
|
|
Term
|
Definition
| Speech used by businesses, such as advertising. It is subject to time, place, and manner restrictions. |
|
|
Term
|
Definition
Fighting words
Defamatory language
Child pornography
Obscene speech |
|
|
Term
|
Definition
| Speech that 1) appeals to the prurient interest 2) depicts sexual conduct in a patently offensive way 3) lack serious literary, artistic, political, or scientific values. |
|
|
Term
|
Definition
| A clause to the First Amendment that prohibits the government from either establishing a state religion or promoting one religion over others |
|
|
Term
|
Definition
| A clause to the first amendment that prohibits the government from interfering with the free exercise of religion in the US. |
|
|
Term
|
Definition
| An amendment added to the US Constitution in 1898 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses. |
|
|
Term
|
Definition
| A clause that provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws. |
|
|
Term
| Strict Scrutiny Test of Equal Protection |
|
Definition
| This test applies to suspect class (eg race, national origin). |
|
|
Term
| Intermediate Scrutiny Test of Equal Protection |
|
Definition
| This test applies to other protected classes (eg sex, age). |
|
|
Term
| Rational Basis Test of Equal Protection |
|
Definition
| This test applies to government classifications that do not involve a suspect or protected class. |
|
|
Term
|
Definition
| The Due Process Clause provides that no person shall be deprived of "life, liberty, or property" without due process. |
|
|
Term
|
Definition
| Substantive due process requires that laws be clear on their face and not overly broad in scope. Laws that do not meet this test are void for vagueness. |
|
|
Term
|
Definition
| Procedural Due Process requires that the government give a person proper notice and hearing before that person is deprived of his or her life, liberty, or property. An owner must be paid just compensation if the government takes his or her property. |
|
|
Term
| Privileges and Immunities clause |
|
Definition
| The Privileges and Immunities clause prohibits states from enacting laws that unduly discriminate in favor of their residents over residents of other states. |
|
|
Term
|
Definition
| Persons look to an outside source (eg Bible or Koran) or central figure for ethical guidance. |
|
|
Term
|
Definition
| Persons choose the alternative that would provide the greatest good to society. |
|
|
Term
|
Definition
| A set of universal rules establishes ethical duties. The rules are based on reasoning and require 1) consistency in application and 2) reversibility. |
|
|
Term
| Rawls' social justice theory |
|
Definition
| Moral duties are based on an implied social contract. Fairness is justice. The rules are established from an original position of a "veil of ignorance." |
|
|
Term
|
Definition
| Individuals decide what is ethical based on their own feelings as to what is right or wrong. |
|
|
Term
| Maximizing profits theory of social responsibility |
|
Definition
| States that a corporations only responsibility is to maximize profits for stockholders. |
|
|
Term
| Moral Minimum theory of social responsibility |
|
Definition
| To avoid causing harm and to compensate for harm caused. |
|
|
Term
| Stakeholder Interest theory of social responsibility |
|
Definition
| To consider the interests of all stakeholders, including stockholders, employees, customers, suppliers, creditors, and the local community. |
|
|
Term
| Corporate Citizenship theory of social responsibility |
|
Definition
| To do good and solve social problems. |
|
|
