Bus law Definition 1

A preponderance of evidence

Standard of proof for a defendant to be found liable in a civil case.

Beyond a reasonable doubt

Standard of proof for a defendant to be found guilty in a criminal case.

Brief

a summary of a case that sets forth its key facts, the court’s decision, and the key points

Civil law

non-criminal legal disputes in which compensation is awarded to the victim

Common law

a set of laws based on case law and precedent (derived from England)

Constitution

a set of fundamental principles and laws that govern a state or an organization

Criminal law

a wrong against society, that may result in imprisonment

the body of law that deals with crime and the legal punishment of criminal offenses

DOGE

Department of Government Efficiency. An initiative within the second Trump administration aimed at reducing the size, cost, and bureaucracy of the federal government

Court of Equity

A court for non-monetary remedies like injunctions or specific performance when legal (monetary) remedies are inadequate

Executive Order

a directive order from the President of the United States that manages operations of the federal government

Injunctions

judicial orders that prohibit certain conduct or order certain acts

Jurisprudence

an area of legal study encompassing the different theories or values that form the basis for creating laws

Ordinances

laws passed by local governments that control local issues

Private law

governs the relationships, rights, and duties between private individuals, businesses, and organizations

Procedural laws

legal processes that must be followed to enforce substantive laws

Promulgate

The term used to describe how an administrative agency creates a regulation

Public law

a set of laws enacted by an authorized governmental body

Stare decisis

The process of consulting judicial decisions of the past with similar facts to determine the outcome of the present case

State codes

laws passed by a state’s legislature

Statutory law

a set of formally written laws, enacted by a legislative body

Substantive laws

Laws that give rights and responsibilities (“the what”)

U.S. Constitution

the supreme law of America that contains the entire structure of the federal government, its powers, the powers of the states, and the rights of all citizens

Tort

a civil wrong that causes someone to suffer loss, harm, or injury, leading to legal liability for the person who caused it

Uniform laws

a draft statute that is recommended to states for adoption to establish the same law across multiple jurisdictions

Unitary Executive Theory.

a theory according to which the president of the United States has sole authority over the executive branch. This is the philosophical approach of President Trump

United State Code (U.S.C.)

an official compilation of the laws of the United States of America as passed by Congress and signed into law

Affirms

if the appellate court does not find a reversible error, it sustains the decision of the lower court

Appellant

the party who seeks a higher court to reverse a lower court’s decision

Appellate court

a court that reviews a trial court's decision to determine if the law was properly applied or if the proceedings were fair

Appellee

the party who won at the trial level

Attorney–client privilege:

protection that prevents lawyer disclosure of confidential communications between the clients and their lawyers

Concurring opinion

an appellate opinion of a justice who agrees with the decision but not the reasoning of the majority opinion

Defendant

the person accused of wrongdoing in both civil and criminal trials.

Dissenting opinion

an appellate opinion of a justice who disagrees with both the decision and the reasoning of the majority opinion

District court

the general trial court of the federal court system

Diversity of citizenship

a basis by which a federal court has authority to hear a lawsuit because the opposing parties are citizens of different states

Federal circuit

the grouping of federal district courts according to their geographic location

In personam jurisdiction:

a court's authority over a person or entity in a case

In rem jurisdiction

the authority of a court over real or personal property

Judicial review

a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary.

Jurisdiction

the authority or power of a court to make legal judgments and decisions

Long-arm statute

a law that gives a court the power to exercise jurisdiction over a defendant who is not from the state where the court is located.

Minimum contacts

requirements that must be met for corporations and non-residents to be subject to another state’s jurisdiction

Modify

an appellate court action that modifies a portion or portions of lower court decision

Original jurisdiction:

the authority of a court to hear a case for the first time

Petitioner

the party who appeals a lower court’s decision

Plaintiff

a party who initiates a civil lawsuit

Precedent

  an earlier case or law that may serve as an example or rule to authorize or justify a subsequent act.

Remand

occurs when an appellate court determines that there has been a reversible error, and the case is directed back to a prior court for further proceedings

Reverses

the action by an appellate court to reverse a lower court’s judgment and/or damages, may result in a new trial

Reversible error

a mistake during a trial that is so significant that it can change the outcome of the case and result in the reversal of a judgment on appeal

Small claims court

  a court with limited jurisdiction where civil cases with minimal damage claims are tried

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability

Trial de novo

a new trial that starts from the beginning, as if the first trial had never happened

U.S. Supreme Court

highest court in the United States of America

Venue

judicial restriction to ensure that the location of a suit is reasonable and convenient given where the evidence, witness, and defendants are located