Legal Systems and Court Procedures: Key Terms for Law Students

Common Law

All laws that result from judicial decisions and court cases.

Statutory Law

Legal rules that have been formally adopted by legislative bodies rather than by the courts.

Plaintiffs

Accusers seeking damages from the defendant.

Civil Law

Laws that spell out the rights and duties existing among individuals, business firms, and sometimes even government agencies.

Criminal Law

Statutes in which a state or the federal government prohibits specific kinds of conduct and provides for fines or imprisonment.

Preponderance of the Evidence

The standard of proof in a civil suit where the plaintiff must provide evidence that is somewhat more convincing than the defendant's.

Beyond a Reasonable Doubt

The standard of proof in criminal law where jurors must be significantly more convinced that a defendant committed a wrong.

Misdemeanor

A minor crime that is less serious than a felony.

Felony

A serious crime that typically results in severe penalties, including imprisonment.

Laws

Rules that must be followed.

Ethics

Standards that should be followed morally.

Requisites of a Legal System

Relatively certain, flexible, known or knowable, and apparently reasonable.

State Courts

Lowest to highest: Courts of limited jurisdiction > general trial courts > appellate courts.

Limited Jurisdiction

Courts that may only hear specific types of cases due to limited authority.

General Trial Courts

Courts empowered to hear all cases except those assigned to limited jurisdiction courts.

Appellate Courts

Courts that hear appeals from judgments entered by lower courts without new evidence or testimony.

Federal Courts

Outlined in Article 3, Section 1 of the Constitution.

U.S. District Courts

Courts that hear cases specifically placed within their jurisdiction by the Constitution and federal statutes.

Trial Courts

Courts that must settle law and fact.

Jury

Judge of the facts.

Trial Judge

Decides the law and can grant a summary judgment.

Adversarial System

A system where parties research the law and develop evidence themselves.

Inquisitorial System

A system where trial judges have much more control over the process.

Pleadings Stage

The initial stage where the plaintiff files a complaint and the defendant responds.

Deposition

Testimony of a witness taken outside of court.

Interrogatories

Written questions submitted by one party to another that must be answered under oath.

Request for Production of Documents

Permits a party to gain access to evidence in the possession of the other party.

Jurisdiction

The legal power of a governmental body or official to take action.

Subject Matter Jurisdiction

The power to hear a particular type of case.

Personal Jurisdiction

The court's power over the parties to the case.

Personal Service of Summons

A formal notice of lawsuit delivered to the person.

Long-arm statute

Allows personal jurisdiction over a nonresident defendant who has done business or committed a tort within the state.

General Personal Jurisdiction

Maintained physical presence or has continuous activities in the state.

Specific Personal Jurisdiction

Occurs when a defendant goes into the state and commits a tort or signs a contract, with no other associations.

In rem jurisdiction

Court is not required to have personal jurisdiction over a defendant; inherently has jurisdiction over any item of property located in the forum state.

Trial by Jury

A fact-finding body selected randomly from the local population to consider evidence and determine what really happened.

6th and 7th amendment

Guarantees the right to a jury trial.

Waiver of jury trial

Failure to demand a jury trial constitutes a waiver of the right to one.

Voir Dire

The process of choosing jurors.

Challenge for Cause

Questioning indicates that a particular person would not be capable of making an impartial decision.

Peremptory Challenges

Limited number of challenges that allow removal of a juror without stating a specific reason.

Burden of proof

The plaintiff has the duty to prove the facts alleged in the complaint.

Direct Examination

The questioning of a witness by the plaintiff's attorney.

Cross Examination

The questioning of a witness by the defendant's attorney.

Irrelevant evidence

Evidence that does not pertain to the case at hand.

Hearsay

A statement made by someone who is not testifying in court, offered to prove the truth of that statement.

Opinion evidence

Evidence that expresses a personal belief or judgment rather than a fact.

Motion for directed verdict

A motion made after the plaintiff has presented evidence, automatically granting the defendant a win.

Charge

Core of the instructions that gives the jury a legal framework for performing its job.

Writ of Execution

Empowers law enforcement to seize defendant's nonexempt property and sell it at auction.

Writ of Garnishment

Orders a third party holding property belonging to the defendant to deliver the property to the custody of the court.

Negotiated Settlement

An out-of-court settlement between the parties and lawyers.

Arbitration

A process where an arbitrator listens to evidence and comes up with a legally binding decision.

Mediation

Involves neutral third parties who do not have the power to make a binding decision.

Procedural Due Process

Requires adequate notice, meaningful opportunity to be heard, and an impartial decision maker.

In personam

Legally binding against a defendant (entity).

Appellant

The party who is appealing a decision.

Appellee

The party opposing the appeal.

Judicial Review

The courts' final say in deciding whether the Constitution has been violated by a Congressional law.

Commerce Clause

Gives Congress the power to regulate commerce among the states.

Equal Protection Clause

Prohibits the government from making arbitrary and unreasonable distinctions among persons.

Rational Basis Test

Requires a legitimate government interest and a rational relationship with that interest.

Strict Scrutiny

The highest level of protection for classifications based on race, national origin, and fundamental liberties.

Free Speech

Applies when the GOVERNMENT seeks to limit our speech.

Methods of Expression

Includes spoken and written communications, tape, film, etc. in the Free Speech Clause.

Symbolic Expression

Protected forms of expression such as giving money to political candidates, picketing, and wearing black armbands.

Unprotected Speech

Includes obscenity, defamation, fighting words, and harmful speech.

Commercial Speech

Protected only if it relates to a lawful activity and is not misleading.

Corporate Speech

Subject to strict scrutiny.

Supremacy Clause

Federal government can prohibit states from exercising similar powers granted by the Constitution.

Full Faith and Credit Clause

Courts must recognize judgments of sister states.

Privileges and Immunities Clause

Prohibits states from discriminating against residents of other states.

Substantive Due Process

Prohibits arbitrary and irrational government actions.

Takings Clause

Private property shall not be taken for public use without just compensation.

Utilitarianism

Promoting the greatest good for the greatest number.

Deontological Ethics

Applies certain threshold standards of moral behavior to real problems.

Virtue Ethics

Focuses on the actor becoming a virtuous person in all aspects.

Moral Minimum

Set of general standards that constitute the ethical minimum necessary for civilization.

Obedience to Authority

Following commands of those in authority despite moral conflicts.

Conformity Bias

Conforming to actions and standards perceived to be accepted by peers.

Groupthink

Collective decision-making that differs from individual decision-making.

Overconfidence Bias

Overconfidence in oneself can lead to moral complacency.

Self-Serving Bias

Tendency to gather and process information to support pre-existing views.

Framing

Reframing a question to produce a different answer.

Role Morality

Adopting different moralities for different societal roles.

Cognitive Dissonance

Discomfort from information that contradicts one's decisions.

Incrementalism

Lowering the bar for unethical behavior over time through small changes.

Corporate Social Responsibility

The idea that a corporation has a responsibility to society.

Social Contract

Corporation's obligation to serve society as a result of its creation.

Sustainable Development

Meeting present needs without compromising future generations' ability to meet their needs.

Volkswagen Emission Scandal

Installed defeat devices on engines that fooled emission detectors.

Civil Rights Act of 1964

Prohibits discrimination on the basis of race, color, religion, sex, or national origin.

Employment at Will Doctrine

Companies can fire workers at any time for any reason at all, as long as it is not banned by some specific law.

Title VII of the Civil Rights Act of 1964

Deals specifically with discrimination in employment, applying only to employers with 15 or more employees.

Disparate Impact

Must argue that a company policy impacts a group differently, causing a negative effect on a protected group.

Prima facie case

Established when the EEOC or an individual plaintiff proves that intentional discrimination was the employer's motivation for a negative action.

Bona Fide Occupational Qualification (BFOQ)

Not illegal to discriminate on the basis of religion, sex, or national origin, but cannot involve race or color.

Quid Pro Quo

A job benefit/promotion is explicitly conditioned upon an employee's positive response to a requested sexual favor.

Hostile Work Environment

Occurs when sexually oriented language or conduct alters the terms and conditions of employment for a targeted employee.

Age Discrimination in Employment Act

Prohibits discrimination based on age against anyone age 40 and over.