English Jurisdiction Notes

A comprehensive set of flashcards covering key terms and definitions related to English Jurisdiction and legal concepts.

Code

The collection of laws of a country or laws related to a particular subject.

Codification

The process of compiling and systematizing laws into a code.

Common law

The system of law that emerged in England beginning in the Middle Ages based on case law and precedent.

Corpus iuris civilis

Meaning 'body of civil laws'; compilation of Roman law ordered by Justinian I in 529 CE.

Equity

A body of legal principles in English common law that supplements common law when strict rules limit just outcomes.

Precedent

Past court decisions used as a reference in future cases.

Jurisprudence

The science or philosophy of law, including the collection and interpretation of precedents.

Stare decisis

'To stand by things decided'; courts must follow previous decisions from higher courts.

Holding

The court’s official decision on a specific legal issue in a case.

Writ

A formal written order from a judicial or administrative authority directing legal action.

Yearbooks/reports

Collections of common law court cases and judicial opinions recorded by year.

Subpoena (duces tecum)

A legal order requiring a person to appear in court or provide documents or evidence.

Voir dire

Stage of trial where the jury is selected; involves questioning jurors for fairness.

To remand

To send a case back to a lower court for further action.

Deem

To judge or regard something in a particular way.

To reverse

To overturn the decision of a lower court.

To uphold

To leave a ruling unchanged, agreeing with the lower court.

Dissent

A disagreement with the majority opinion, often documented by a judge.

Tenet

A fundamental principle or doctrine of a group or profession.

The Bench

The desk behind which the judge sits.

The Jury Box

The designated area for jurors.

The Bar

An actual or imaginary barrier separating the gallery from the well.

The Well

The area between the bench and counsel tables.

The Gallery

Seating area for the general public.

Defendant

The person or party accused or sued in the original trial.

Respondent

The party who responds to an appeal.

Plaintiff

The party initiating a lawsuit by filing a complaint.

Bargain

To try to persuade the other side to accept your terms.

Haggle

To argue back and forth, usually about price.

Yield

To give in or accept the other side’s terms.

Trade-off

Something given up in exchange for something else.

Standoff

Point where neither side will give in.

Resolve

To end a conflict or reach an agreement.

Compromise

Adjusting one's position so both sides can agree.

Bottom-line

The minimum limit you are willing to accept.

Leverage

Something that gives one party an advantage in negotiation.

BATNA

Best Alternative to a Negotiated Agreement.

Bogey

A fake ‘important’ issue used to gain leverage in negotiation.

Anchoring

Influencing the other side by suggesting a starting point.

Low-ball

Offering something much lower than what you expect.

High-ball

Making a request much higher than what you expect to receive.

Mislead

To convince by altering or not telling the whole truth.

Bluff

An opinion or judgment not made as a representation of fact.

Dirty trick

A tactic designed to mislead or break down the other party.

Nudge

Gently influencing someone’s choice without forcing them.

Authority

Citing experts to strengthen a position.

Good cop/bad cop

Two negotiators; one reasonable, one aggressive.

Boulwarism

A hard, inflexible negotiation strategy.

Collaborative approach

A win–win negotiation style focused on fairness!

Negotiation jujitsu

Avoiding escalation by refusing to react.

Bundle

Including other items to trigger flexibility.

Barter

Making a trade to offset a cash need.

Summarize and agree

Nudging towards closing by summarizing agreements.

Snow job

Overwhelming with facts to confuse the other party.

The Squeeze

Requesting a price reduction at the last moment.

The Nibble

Requesting small concessions at the end.

Agreement

Establishes the subject matter of the agreement.

Choice of Law

Determines which state's legal rules apply in disputes.

Effective Date

The date when the contract is in force.

Force Majeure

Clause suspending the agreement during unforeseen disasters.

Governing Law

Decides the applicable law for a contract.

Dispute Resolutions/ADR

How conflicts are solved without going to court.

Integration

States only the written contract matters.

Jurisdiction

Specifies where a lawsuit must be filed.

Notice

Describes how each party must provide notifications.

Representations and Warranties

Promises made by parties regarding obligations.

Severability

Allows a court to remove invalid provisions.

Waiver

Intentionally giving up a right.

Sole proprietor

Someone who owns an unincorporated business alone.

Partnership

An association of two or more persons for profit.

Dissociation

Separation of a partner from a partnership.

Pierce the corporate veil

Holding shareholders personally liable for actions.

Golden parachute

Large compensation after a job loss due to a merger.

Preemptive rights

Existing shareholders' right to buy new shares first.

Proxy

A person authorized to vote on behalf of a shareholder.

Creditworthiness

The ability to repay debts.

IPO (Initial Public Offering)

First sale of a company’s shares to the public.

Bylaws

The internal rules governing a corporation.

Articles of Incorporation

Document that creates a corporation.

Dissolution

Forced breakup of a partnership.

Winding up

Ending business through settling liabilities.

Termination

Completing the winding up of partnership affairs.

Spin-off

Distribution by a corporation to its shareholders.

Subsidiary

A company controlled by another through ownership.

A going concern

Accounting principle that assumes continued operation.

Director

Person who manages corporate policy.

Officer

Person who runs day-to-day business activities.

Promoter

Person completing preliminary work for a company.

Shareholder / Stockholder

Owner of shares in a corporation.

Stakeholder

Groups essential for the organization's existence.

Registered office

The official legal address of a company.

Fiduciary duty

Legal duty to act in another's best interests.

Vicarious Liability

Legal responsibility for another's actions.

Tortfeasor

A person who commits a civil wrong.

Murder

The intentional and unlawful killing of a person.

Manslaughter

Unlawful killing without intent, often due to negligence.

Assault

Intentional act or threat causing fear of harm.

Battery

Intentional and unlawful physical contact.

Rape

Sexual intercourse without consent.

False imprisonment

Unlawful restraint of freedom of movement.