Studied by 0 people
Law
A system of rules created and enforced through social or governmental institutions
Civil Law
A legal system based on written laws or codes that control private disputes between parties
Common Law
A body of law developed through the courts, based on precedent
Constitution
A document that establishes a government and defines its powers
Code
A topical organization of statutes
Precedent
The example set by the decision of an earlier court for similar cases or legal questions
Stare decisis
"It stands decided" - another term for precedent
Jurisprudence
The study of the philosophy of law
Natural Theory of Law
A philosophical theory that law reflects moral and unchangeable laws of nature
Legal Positivism
A philosophical theory that the validity of law is not related to morality
Legal Realism
A philosophical theory that laws are created by judges and are subject to individual beliefs and prejudices
Constitutional Law
Law derived from a constitution
Statutory Law
Law created by legislative bodies
Case Law
Law established by judicial decisions
Tort
A noncontractual civil wrong, applicable only to civil law and civil cases
Statute of Limitations
A law that places a time limit on when a lawsuit can be filed
Substantive Laws
Laws that define rights and duties of parties and establish the legal basis for lawsuits
Procedural Laws
Laws that relate to the enforcement of substantive rights and duties
Criminal Laws
Laws that deal with crimes and define behavior society has declared illegal
Civil Laws
Laws that control private disputes between parties
Preponderance of the Evidence
The amount of proof necessary for most civil cases; more likely than not
Jurisdiction
The power of a court to hear cases and render judgments
Acquittal
A finding of not guilty in a criminal case.
Affirm
To uphold; used in connection with an appeal to uphold the lower court's decision.
Appellate Jurisdiction
The power of the court to review what happened in a lower court.
Bailiffs
An individual who is responsible for the safety of the judge and for order within the courtroom.
Bench Trials
A trial where the judge stands as both the trier of law as well as the trier in fact.
Bill of Rights
The first ten amendments to the Constitution.
Bicameral
Describes a legislature consisting of two houses.
Binding Case Law
Case law that must be followed by lower courts.
Burden of proof
The necessity of establishing a particular fact or the necessity of going forward with the evidence.
Canons of Ethics
Standards of responsible and professional conduct.
Check and Balances
The constitutional doctrine that each of the three branches of government operates as a check on the powers of the other branches.
Circuits
A court that serves a particular jurisdiction or geographic area.
Codes
A topical organization of statutes.
Commence Clause
A section of the U.S. Constitution giving the U.S. Congress the right to regulate foreign and interstate commerce.
Competency
The ability of a lawyer to effectively carry out a particular client engagement.
Concurrent Jurisdiction
Describes situations where more than one entity has the power to regulate or act.
Conflict of Interest
A situation in which an attorney's financial or personal interest is contrary to the best interest of representation of the client.
Court Clerks
A court employee who assists the court and the judge by filing documents and performing other tasks.
Court Reporters
A person who records the testimony during court proceedings.
Diversity of Citizenship
A basis for federal court jurisdictions where the plaintiff and defendant are residents of different states.
En bane
Describes the entire panel of judges on a court hearing a case.
Enrolled agents
Non-attorneys authorized to represent clients in IRS proceedings.
Exclusive Jurisdiction
The sole power or authority to act in a certain situation.
Ex Post Facto
Refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred.
Express Powers
Powers given to Congress that are spelled out in the Constitution.
Fiduciary Relationship
A special relationship of trust and confidence, forming the basis of the attorney-client relationship.
Hung jury
A jury that cannot attain the necessary consensus to reach a verdict.
Implied Powers
The power that Congress has to regulate derived from the express powers.
Indigent
Without funds or assets and therefore unable to afford an attorney.
Initiative
An action by citizens to enact legislation through the voter process.
Jury Instructions
Directions read to the jury by the judge simplifying the law applicable to the case.
Liable
A finding of responsibility in a civil case.
Magistrates
Judicial officers appointed by judges of federal district courts.
Original Jurisdiction
The power to first hear a case; where trial takes place.
Paralegals
Individuals whose training enables them to assist lawyers by performing certain legal tasks.
Police Powers
The authority of a state to make laws for the general health, welfare, and safety of its citizens.
Preemption
A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas.
Presiding Judge
The head judge for a particular court.
Record
Documentation of the proceedings at trial used for appeal.
Referendum
A vote on whether to accept or reject proposed legislation or constitutional amendment.
Remand
To send back.
Separation of Powers
The constitutional doctrine that each of the three branches of government has separate and distinct powers.
Stare Decisis
"It stands decided"; the legal principle of determining points in litigation according to precedent.
Statutes at Large
A chronological compilation of statutes.
Summary Judgement
A judgement entered by a court against one party, and in favor of the other, without a full trial.
Supremacy Clause
The clause in the U.S. Constitution making the Constitution and the laws of the United States the supreme law of the land.
Syllabus
A summary of a Supreme Court case written by the reporter of the decision.
Trier of Fact
In a trial, the one who determines the true facts; either a jury or the judge.
Veto
The legal power of the president to reject legislation passed by Congress.
Note
Flashcard