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| A body of rules of conduct prescribed by controlling authority and having binding legal force |
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| common law: as a system of law |
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Definition
| the total system of law that originate in medieval England and was adopted by the United States at the time of the American Revolution. Expressed originally in opinions and judgments of the courts, it is judge-made law that reflects the customs and usages of the people. Contrasted to Roman civil law, it is found throughout the English-speaking world. Sometimes called unwritten law. |
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| a civil trial held without a jury when relief sought by the plaintiff is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage |
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| common law: as a type of law |
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Definition
| that law which comes from the common courts as opposed to a legislature o court of equity |
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| a government consisting of a union of more or less self-governing states under an umbrella of federal government |
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| e common law doctrine that binds an inferior (subordinate) court to follow and apply decisions and interpretations of higher courts when similar cases arise. also called the doctrine of precedents |
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| a court decision on a question of law that gives authority or direction on a similar question of law in a later case with similar facts. (see also stare decisissss |
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| a historically based reference to court- or judge-made law |
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| a set of books that contains the written opinions of justices of specified appellate courts. These volumes contain the decisional, or unwritten, law. Volumes in the reporters and the cases they contain are arranged in chronological order and accessible by case name or subject matter index |
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| All reported judicial decisions; the law that comes form judges' opinions in lawsuits. Also referred to as court law, judge law, and sometimes common law |
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| laws enacted by congress or by state legislatures |
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| a written law enacted by a city or county (parish). An example is a zoning ordinance that governs the use of land. |
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| An old fashioned reference to the statutes and ordinances of federal, state and local governments, and the published rules of administrative agencies |
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| compilations of statutes that are grouped together by subject matter, e.g. a vehicle code |
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| the constitutional doctrine that applies whenever the united states and a state or local government enact conflicting laws on the same subject. Under this constitutional doctrine, the federal law prevails |
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| a requirement that courts may decide only cases in which an actual conflict between persons exists. |
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| judges whose judicial philosophy includes treating the law as a vibrant and active source of rules. when face with new issues such judges are likely to see the constitution as a flexible document and stare decisis as challengable when they believe important social needs must be addressed |
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| judges whose reading of the law narrowly interprets legal words and who subscribe to interpreting the law consistent with the believed meaning given it by the drafters |
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| any part of a court opinion that is unnecessary to the resolution of dispute before the court. Such digression by a judge is not binding on later courts |
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| an electoral process for making new statutes or changing the constitution by filing appropriate formal petitions to be voted upon by legislature (and governor) or by the people. the initiative is not available in all states. |
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| the branch of law dealing with individual rights and duties and their enforcement. Civil law also refers to the total system of law, embracing civil and criminal matters, that was used in the ancient Roman Empire and copied on the continent of Europe in modern times. In ancient times, the law was defined by experts and imposed from above by the emperor. Roman civil law is contrasted to English common law |
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| the branch of law dealing with crimes and their punishment |
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| that body of law regulating the rights and duties that exist between private persons (including corporations). Contract law is an example of private law |
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| that body of law directly concerned with public rights and obligations, such as constitutional, administrative, criminal and international law |
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| the branch of law governing relations between and among sovereign nations |
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| general principles and detailed rules that define the methods of administering substantive law |
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| general principles and detailed rules that define legal rights and duties |
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| standards of fair and honest conduct applied to social behavior |
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| values concerning right and wrong |
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| Conflict-resolution process aimed at solving conflicts involving moral dilemmas through communication, education, and negotiation. Broad term describes inter-relational rather than individual process. |
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| a systematic statement of agreed-upon moral rules for a profession, business or group |
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| a rational thought process directed at testing whether action is right or wrong. The conclusion is a determination of moral responsibility or culpability |
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| the doctrine that actions are morally correct if they comply with existing obligations owed another or ourselves |
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| an ethical doctrine holding that determining right conduct is based on consequences; that the purpose of the behavior should be the greatest happiness f the greatest number |
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| Term used disparagingly to describe and "end justifies the means" maxim supplanting duty or obligation |
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| a method of logical reasoning from two or more propositions to a conclusion. Interferences are drawn from a general premise to a specific premise. The conclusion s valid if the propositions on which the conclusion is based are true |
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| a pattern of deductive logic that contains a major or general premise, a minor or specific premise, and a conclusion, always in that order. The conclusion follows from the premises but is not a premise itself. |
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| statements that reflect no value judgment |
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| statements that reflect what should be or how one should act |
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| the rules members of a society are obligated to obey to avoid punishment or penalty imposed by the government. |
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| behavior that is sufficiently wrongful to be at fault or to be responsible for proscribed conduct |
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| abbreviated reference to a variety of legal authorities including court cases |
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| a judicial decision with complete agreements by all judges |
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| a written opinion by a judge outlining the views of the majority of the judges of the court deciding the case |
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| a written opinion wherein a judge agrees with the result reached by another judge, but for different reasons from those stated by the other judge |
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| a written opinion by a judge or judges who vote(s) contrary to the majority opinion and hoding of the court |
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| the party who appeals to a higher court for review of a lower court ruling |
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| the party who, on appeal, defends the earlier court determination |
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| a system of government with the supreme power in the people, exercised by representatives chosen through the voes of qualified voters |
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| the principles of constitutional government; adherence to them, including, notably, restrictions and limitations on government power |
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| action taken impulsively or in bad faith and without good or valid reason |
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| the higher law believed by some ethicist to be above and beyond man's power to change |
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| inalienable rights of every human being that exist by virtue of natural law, notably to life, liberty and property |
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| power of the U.S. supreme court to declare unconstitutional an act of congress, a presidential order, or a state law |
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| the granting of the various powers of government among three branches so that each branch checks the other two |
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| [Latin: you have a body"] a formal written order that an arrestee be brought before a court |
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| act of the legislature inflicting capital punishment upon a named person or member of a specific group without trial and conviction. forbidden by the US Constitution |
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| [Latin: after the fact] a statute that retroactively makes previously lawful conduct a crime. such a statute is unconstitutional |
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| an electoral process for making new statutes or changing the constitution by filing appropriate formal petitions to be voted upon by legislature (and governor) or by the total electorate |
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| a democratic process whereby a state legislature submits (refers) proposed or existing laws to the electorate for approval or rejection |
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| a democratic process for removing public officials from their elective positions y a vote of the people take after filing of a petition signed by the required number of qualified voters |
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| the inherent power of the government to make laws and impose reasonable regulations for the health, safety, morals or general welfare of the public, even when this limits individual freedom. |
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| the judicial doctrine that holds that any state or federal law that is inconsistent with the U.S. Constitution is null and void |
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| the exchange of goods or commodities for payment in cash, credit, services or other goods |
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| a part of the US Constitution that provides Congress with the power to pass laws to provide for trade with foreign countries and among states |
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Definition
| activity that crosses state boundaries |
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| activity that occurs entirely within a state's boundaries |
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| the first 10 amendments to the US Constitution |
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Definition
| the requirement that legal proceedings comply with the US Constitution and other applicable substantive and procedural laws |
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Definition
| the clause in the 14th amendment to the US Constitution declaring"no state shall...deny to any person within its jurisdiction the equal protection of the laws." |
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Definition
| The supreme courts utilization of the 14th amendment to find bill of rghts limitations on state and local government |
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| "Congress shall make no law respecting and establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people to peaceably to assemble, and to petition the Government for a redress of grievances." |
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| restraints on a publication before it is actually published |
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| oral, written,and other forms of communication used in advertising and in other business activities |
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| words spoken, written, or symbolized that express irrational and false ideas that insult and demean certain persons or classes of persons |
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| the court-made rule tat preludes the use in criminal court proceedings of any evidence improperly obtained by the prosecution |
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Definition
| "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense or be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be depraved of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation |
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Definition
| In part, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." |
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Definition
| (a) The right guaranteed by the 6th Amendment to every person accused of a crime to require witnesses to appear in his or her favor, by court order. (b) Official action to force a person to appear as a witness in court, at an administrative hearing, or before a legislature. |
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Definition
| policies and practices designed to assure employment of women and of minorities until their percentages in the workforce approximate their percentages in the community |
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| principle that decisions should be made by the application of established laws without the intervention of individual discretion |
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| (a) A government body that administers justice by applying laws to civil controversies and criminal offenses. (b) The place where trials are held. |
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| The initial court that hears evidence and applies the law to decided facts. |
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| In trial, the person trying to recover money damages or other relief from a defendant. |
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| Money awarded by a court to a plaintiff for injury or economic loss caused by the defendant. |
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| (a) In a civil trial, the person from whom money damages or other relief is sought by the plaintiff. (b) In a criminal trial, the accused. |
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| A court process at law or in equity to determine the legal merits of a controversy. |
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| A lawsuit commenced for the purpose of resolving a civil conflict. |
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| A trial in which the government prosecutes a person charged with a crime |
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| A farce trial--one that lacks proper procedure and fairness and where the outcome is predetermined. Origin of the term is thought to be the bizarre appearance of the animal which it is named. |
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Definition
| formal request to a higher court to review any action of a lower court |
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Definition
| court that reviews decisions of prior courts for substantive and procedural correctness. |
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| Written arguments addressed to the appellate court |
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| The power of a court to decide a controversy and to award appropriate relief. |
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| Power of more than one court to hear a case |
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| subject matter jurisdiction |
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| The power of a court to hear and decide cases of the general type to which the subject in question belongs. |
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| Limitation on a court as to the type of cases it can hear and decide. |
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| Authorization of a court to hear and decide virtually any type of case occurring within the political boundaries of the geographical area in which it is located |
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Definition
| the local place, within the geographical boundaries of a larger jurisdiction, where a case is generally most appropriately tried. |
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| the power of a court over a person |
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| a state law authorizing a court to hear cases brought against nonresidents under specified circumstances |
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| The power of a court to declare rights against the world rather than solely against the named defendant(s) |
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Definition
| a court with jurisdiction to decide civil controversies of a relatively minor nature |
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Definition
| a new trial that takes place as if the first trial had not occured |
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Definition
| A basis of juridsdiction in federal courts requiring that plaintiff and defendant be involved in an actual controversy, that they be citizens of different states, and that a minimum of $75,000 be sought in damages |
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| the sole power a court has over the particular subject matter of a case |
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| a procedural document whereby an appellate court exercises its discretionary power to accept jurisdiction of a pending case |
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| A document stating the facts constituting an alleged cause of action |
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Definition
| An existing right to seek and to receive judicial relief, assuming the factual allegations of the plaintiff are true |
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Definition
| A document issued by a clerkof the court inviting the defendant to respond to a complaint. |
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| A person who serves a copy of the summons and complaint, or other legal document, upon a party or witness at the request of the opposing party to civil litigation |
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| A document containing a defendant's denials, admissions or allegations of fact in response to a complaint |
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Definition
| the complaint of the plaintiff and answer of the defendant in a lawsuit |
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| demurrer or motion to dismiss |
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Definition
| a motion filed by a defendant in response to a summons and complaint alleging the complaint, even if true, is insufficient to state a cause of action |
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Definition
| a formal request by counsel addressed to a court or other tribunal for a particular decision or act |
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Definition
| agreement by the judge with request by an attorney-at-law |
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Definition
| a statute that bars civil or criminal proceedings unless brought within a specified period of time after the act occurred |
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| Court-awarded judgment based on the defendant's failure to answer the summons and complaint or to appear at the trial to contest the claim of the plaintiff |
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| a legal action where only one side of the dispute is heard |
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Definition
| formal commencement of a criminal case by a specified public official such as a district attorney or by a grand jury |
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Definition
| an accusation of a criminal offense issued following a preliminary hearing |
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| An appointed body of citizens formed both to investigate the operations of government and to issue indictments against persons suspected of criminal conduct |
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Definition
| an accusation of felony filed by a grand jury |
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| alternative dispute resolution |
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Definition
| Any of various methods of resolving disputes through means other than the judicial process |
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Definition
| Group of methods used during the period between commencement of a lawsuit and the date of trial to lear facts about the dispute |
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Definition
| questioning of a witness or adverse party to an action, under oath, by the opposing attorney before the trial |
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Definition
| a form of discovery consisting of written questions directed to a party or witness who is expected to reply with written answers under oath |
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Definition
| to discredit, dispute, disparage or contradict a witness's testimony |
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Definition
| request to a judge by counsel to compel the opposing party to provide specified evidence to the court |
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| an order directing a person to appear at a certain time and place for the purpose of giving testimony as a witness |
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Definition
| a judicial order to bring specified documents or physical evidence to court |
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| privilege against self-incrimination |
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Definition
| the right of any person, including one accused of a crime, to remain silent when what might be said could indicate criminal guilt |
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| motion for summary judgment |
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Definition
| request to a judge by counsel to award judgment because there are no significant questions of fact in the lawsuit |
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| pretrial hearing or conference |
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Definition
| hearing occurring before a trial |
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| a group of men and women sworn to declare the truth based on evidence presented to them |
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| a binding agreement in which an accused agrees to plead guilty if the court agrees o a specified charge and punishment in advance |
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Definition
| circumstances or matters surrounding and involved in a case that is being tried by a court |
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| jury or judge acting as the finder of issues of fact |
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Definition
| principles and rules of human conduct determined by the judge to the applicable in a case being tried by a court |
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Definition
| the power of a jury in a criminal trial to disregard the law and unanimously find the defendant innocent, although there is ample evidence to support a verdict of guilty |
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Definition
| process of questioning prospective jurors to ascertain whether they have any bias that would make difficult or unlikely their impartiality in determining questions of fact during a trial |
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Definition
| ability to exclude a prospective trial juror if bias or prejudice is indicated |
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Definition
| ability to exclude a prospective juror for any reason other than race or gender |
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| general rules applied by courts to cases in equity |
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Definition
| willful defiance of the authority of a court, affront to its dignity, or willful disobedience of its lawful orders |
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Definition
| the duty to produce evidence as a trial progresses |
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| preponderance of evidence |
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Definition
| standard of determining civil liability, that the weight of the evidence offered to prove a matter is more probable than not |
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| beyond a reasonable doubt |
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Definition
| the quantum evidence that fully satisfies and entirely convinces the jury in a criminal trial that the defendant is guilty as charged |
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Definition
| a second criminal prosecution against a person for the same single offense, after the person has been found innocent of the crime in the prior trial |
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Definition
| summaries by counsel of plaintiff and of defendant indicating what they expect to prove in the ensuing trial |
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Definition
| the case presented by each party in a trial |
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| everything presented by disputing parties and witnesses that the "finder of fact" is entitled to consider in arriving at a determination of the facts |
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| evidence that is related to the facts in dispute |
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| evidence that does not relate to or have a bearing upon a question of fact in dispute during a trial |
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