Legal System and Court Procedures: Key Concepts and Definitions

Criminal parties

State vs Defendant

Civil Parties

Individual vs Individual

Standard of Proof (Criminal)

Beyond a reasonable doubt (BARD)

Standard of Proof (Civil)

Preponderance of the evidence (50/50)

Remedies (Criminal)

Loss of inalienable rights

Types of Civil Cases

Contract and Torte

Jurisdiction

The power/authority of a court to make a decision

Legal Authorities

Constitution, Statutes, Case law, Administrative law

Substantive Due Process

The law that takes the rights needs to be reasonable and understood

Procedural Due Process

The steps the government needs to go through to take rights

Penumbra Right

An implied right in the constitution

Fundamental Right

Essential inherent liberties recognized by the constitution

Civil Legal System

Based on a code of statutes

Common Legal System

Based on a judge's interpretation of statutes

Judicial Restraint

The courts restraining themselves from protecting individual rights

Judicial Activism

The belief that the court should take an active role in protecting individual rights

Stare Decisis

The overall concept of standing by a decision

Precedent

The cases that have come before

Jurisprudence

Legal theory, the social impact of law, and the relationship of law and its relationship to justice and morality

Concurrent Jurisdiction

When more than one court has the power to decide a case

Original Jurisdiction

The court with the power of authority to hear a case for the first time

Appellate Jurisdiction

The power to review an appeal

Discretionary Jurisdiction

Some courts have the right to decide if they're going to hear your case

Writ of Certiorari

An order that they'll hear your case

Amicus Curiae brief

An impartial adviser to the court in a particular case

Persuasive Stare Decisis

A legal principle that is not mandatory but can influence decisions.

On-Point

A case with a similar fact situation to another case.

Subject Matter Jurisdiction (SMJ)

You must prove that the court has power over the subject of your suit.

Diversity of Citizenship

A federal statute that allows you to sue in federal court even though it's a state case.

Personal Jurisdiction

You need to prove jurisdiction over the defendant.

Minimum Contacts

If you do something in a state, you can be sued in that state.

Constitution - Case or Controversy

Courts can only adjudicate actual cases between conflicting parties.

Standing

You need to have a personal stake in the outcome of the case.

Political Question Doctrine

The court should not decide cases about political branches of government.

Act of State Doctrine

American courts should not determine the validity of public acts committed by a foreign sovereign.

Statute of Limitations

Time limitations on how long you have to file a case.

Tort Reform

Legislation limited the amount people could be rewarded in medical malpractice cases.

Res Judicata

The thing has already been decided; it cannot be decided again.

Immunity

A special right to not be liable.

Prosecutorial Immunity

You agree to testify and the court protects you in the future.

Sovereign Immunity

The government cannot be sued without its consent.

Charitable Immunity

Charitable institutions can be immune from civil cases.

Parental Immunity

Children cannot sue their parents.

The Socratic Method

A method of teaching where the instructor asks questions to bring out answers from students.

Casebook Method

You read the cases and make a brief to develop critical thinking skills.

Trial Lawyer Myth

Most of the work lawyers do is out of the courtroom.

Law Degree Investment Myth

Law degrees do not guarantee job security or a higher income.

Diversity in Law Myth

Law is not open to everyone regardless of demographics.

Briefs

Documents that present the facts, issues, holding, and rationale of a case.

Facts

The relevant information and circumstances surrounding a case.

Issue

The question the court has to answer.

Holding

The court's decision as it affects the specific litigants in the case.

Rationale

Why did the court make the ruling they did in the case.

IRAC

A method used in legal analysis: Issue, Rule, Application, Conclusion.

CRAC

A method used in legal writing: Conclusion, Rule, Application, Conclusion.

Ethics

Standards of behavior upon which members of a profession must comply.

Competence

Knowledge and skill that is reasonably necessary to represent a particular client.

Continuing Legal Education (CLE)

Lawyers are required to take 24 hours of classes every two years.

Diligence

The number one complaint against lawyers is not responding to phone calls.

Attorney Fees

Fees charged by lawyers for their services.

Reasonable Fee

Factors include time and labor involved, complexity of the case, experience of the lawyer, and customary fee in the locality.

Flat Fee

A fixed amount charged for legal services.

Contingency Fee

A fee structure where the lawyer takes a portion of the winnings.

Retainer/Hourly

A retainer is a down payment for the lawyer to take on the case.

Double Billing

Billing two clients for the same amount of time.

Padding

Artificially increasing the time billed for services.

Safekeeping

An attorney shall hold a client's property separate from the attorney's own property.

Confidentiality

The lawyer's obligation to preserve the secrets and confidences of their client.

Attorney-Client Privilege

An attorney can be prevented from testifying against their client.

Conflict of Interest

A situation where a lawyer's loyalty to a client is divided.

Advertising

The practice of lawyers promoting their services.

Unauthorized Practice of Law

When non-lawyers engage in activities that constitute practicing law.

Disciplinary Rules (DC)

Regulations governing the conduct of lawyers.

Disbarment

The loss of a lawyer's license to practice law.

Suspension

Temporary loss of a lawyer's license to practice law.

Public Reprimand

A public notice of unethical behavior by a lawyer.

Exclusionary Rule

A legal principle that prevents the use of evidence obtained in violation of the constitution.

Fruit of the Poisonous Tree

Evidence that results from an unlawful investigation should also be excluded.

Fourth Amendment

Protects against unlawful searches and seizures.

Miranda v. Arizona

Established the requirement for police to read rights during custodial interrogations.

14th Amendment

An amendment that includes the Equal Protection Clause.

Equal Protection Clause

Part of the 14th Amendment that requires states to provide equal protection under the law.

Hot Pursuit

A legal exception allowing police to enter a property without a warrant while chasing a suspect.

Inevitable Discovery

A legal doctrine that allows evidence to be admitted if it would have been discovered inevitably.

Plain-Sight Doctrine

Allows evidence to be used if it is in plain sight, even if not included in a warrant.

MAPP v. Ohio (1961)

The case that established the exclusionary rule, preventing illegally obtained evidence from being used in court.

Brewer v. Williams

A case involving interrogation without counsel, where evidence was ruled inadmissible.

Felony

A serious crime punishable by imprisonment for more than one year.

Misdemeanor

A less serious crime punishable by imprisonment for one year or less.

Indictment

A formal criminal charge issued by a grand jury.

Arraignment

The court proceeding where charges are formally read and a plea is entered.

Bond

A court requirement for a defendant to ensure their appearance at hearings.

Motion for Discovery

A request filed by the defense to obtain evidence in a case.

Pre-trial Conference

A meeting with the prosecutor to discuss settlement and plea bargains.

Trial

The legal proceeding where the defendant decides the type of trial.

Bench Trial

A trial conducted by a judge without a jury.

Jury Trial

A trial where a jury of 12 jurors decides the facts of the case.

Voir Dire

The process of jury selection.

Exculpatory Evidence

Evidence that shows a defendant's innocence.

Cause of Action

A legal claim that a court can consider actionable.