American Legal System - Vocabulary Flashcards

Vocabulary flashcards covering the key terms from the lecture notes on the American Legal System.

Common Law

Discovered/unwritten law developed in the 11th century, based on customs; today based on precedent and case law (judge-made law) found in reporters.

Law of Equity

Fairness-based system; historically separate court; today a single court with no jury, issuing writs like injunctions and restraining orders.

Statutory Law

Codified law created by elected representatives; acts of Congress and state legislatures; published in codes; often requires look at legislative history for intent.

Administrative Rules

Detailed rules created by administrative agencies (e.g., FCC, FTC); published in the Code of Federal Regulations.

Constitutional Law

Law based on constitutions (U.S. and state); outlines government structure and protects basic rights; written and hard to amend.

First Amendment

Key constitutional provision protecting freedoms of speech, press, religion, assembly, and petition.

Precedent

Earlier court decisions that guide current rulings; courts generally follow but may modify or overrule them.

Case Law/Reports

Judicial opinions published in reporters; sources of common law and precedent.

Reporters

Publications that publish court decisions and case law.

Writ of Injunction

Court order requiring or prohibiting a specific action.

Restraining Order

Temporary court order restraining a person from certain actions.

Mandate

Court order directing a party to comply with a duty.

Codified Law

Law organized and written in codes, such as statutes and legal codes.

Acts of Congress

Laws enacted by the U.S. Congress; part of statutory law.

Code of Federal Regulations (CFR)

Collection of federal administrative rules and regulations.

U.S. Code

Official compilation of all federal statutory laws.

Administrative Agencies

Government bodies (e.g., FCC, FTC) that create detailed rules within their domains.

Interstate Commerce Commission (ICC)

Early federal regulatory agency referenced in the notes; part of historic administrative rulemaking.

Misdemeanor

Criminal offense punishable by less than one year in jail.

Felony

Criminal offense punishable by more than one year in prison.

Grand Jury

Jury that determines whether there is probable cause for an indictment in felony cases.

Discovery

Process of exchanging evidence between parties in a case.

Tort

Civil wrong causing injury or harm, such as libel, privacy invasion, or personal injury.

Plaintiff

Party who files a civil lawsuit.

Defendant

Party accused or sued in a civil action.

Smith v. Jones

Illustrative case-name format: party names in a civil action.

Trial Court

First level of courts where most cases begin; fact-finding and sometimes juries.

District Court

U.S. federal trial courts; hear federal cases and hold trials.

Appellate Court (Intermediate)

Court that reviews only the law and procedures from lower courts; no new evidence; may remand or order a new trial.

Nebraska Court of Appeals

Nebraska’s intermediate appellate court; panels of three judges.

Circuit Court of Appeals

U.S. federal intermediate appellate court; decides questions of law within a circuit; precedents affect the circuit.

U.S. Supreme Court

Highest federal court; established by Constitution; nine justices; life tenure; handles original and appellate jurisdiction.

Direct Appeal

Direct challenge to a lower court’s ruling or constitutionality; relatively rare.

Writ of Certiorari

Petition to Supreme Court to review a lower court decision; granted by at least four of nine justices.

Majority Opinion

The official court opinion representing the decision and reasoning of the majority of justices.

Concurring Opinion

Justice agrees with the majority outcome but for different reasons.

Dissenting Opinion

Justice disagrees with the majority and explains why.

Jurisdiction

Authority of a court to hear and decide a case; can be original or appellate.

Legal Research

Methods and sources to find laws and case law (libraries, Westlaw/LexisNexis, congress.gov, findlaw, Cornell LII, Am. Jur., Restatement).

Statute/Citation Example

Example of statutory citation: 17 U.S.C. § 100 et seq. (Title 17, U.S. Code).

CFR Citation Example

Example of CFR citation: 47 CFR § 73.1201 (Volume 47 of CFR, section 73.1201).

Appellant

Party appealing a decision to a higher court.

Appellee

Party opposing the appeal in a higher court.

Remand

Return of a case from an appellate court to the lower court for further proceedings.

Original Jurisdiction

Authority of a court to hear a case in the first instance (trial court).

Appellate Jurisdiction

Authority of a court to review decisions of lower courts on appeal.