intor class Chapter 4 Law Terms (Vocabulary)

Vocabulary flashcards covering key terms from the lecture notes (Chapters 1–7).

Civil law

The branch of law dealing with private disputes between individuals or organizations, where the remedy is usually money or another civil remedy.

Criminal law

The branch of law that punishes offenses against the state or public; the remedy is punishment.

Plaintiff

The party who brings a civil lawsuit.

Defendant

The party sued or charged in a civil or criminal case.

Personal injury

A civil claim arising from physical injury or harm caused by another's negligence or fault.

Torts

Civil wrongs, such as negligence or intentional harm, that can lead to lawsuits for damages.

Jurisdiction

The authority of a court to hear and decide a case.

State court

A trial court that handles cases governed by state law.

District court

A higher state court that handles major criminal cases like felonies and large civil matters.

Misdemeanor

A less serious crime, typically handled in smaller courts.

Felony

A serious crime that is tried in higher courts and carries harsher penalties.

Federalism

The division of power between the federal government and the states.

Supremacy Clause

The U.S. Constitution is the supreme law; federal law overrides state law when in conflict.

Substantive law

The part of law that defines rights and duties (eg, torts, contracts, property).

Procedural law

The rules governing how the law is enforced and the legal process (pleadings, discovery, etc.).

Cause of action

The legal basis for a lawsuit; the reason the plaintiff believes they are entitled to relief.

Prima facie case

Initial evidence sufficient to establish a basis for the claim if unrebutted.

Burden of proof

The level or amount of evidence a party must prove to win the case.

Preponderance of the evidence

Civil standard of proof: more likely than not to be true.

Beyond a reasonable doubt

Criminal standard of proof: no reasonable doubt about the defendant's guilt.

Clear and convincing evidence

A higher civil standard of proof; the evidence is highly probable.

Injunction

A court order requiring someone to do or refrain from doing a specific act.

Mens rea

The guilty mind or intent behind a crime.

Actus reus

The guilty act or physical act of the crime.

Self-defense

An affirmative defense claiming the use of force was necessary to protect oneself.

Double jeopardy

The prohibition against being tried twice for the same offense.

Sovereign immunity

The government cannot be sued without its consent.

Delegated powers

Federal powers granted to the federal government by the Constitution.

Reserved powers

Powers retained by the states.

Concurrent powers

Powers shared by both federal and state governments.

Implied powers

Powers not expressly stated but necessary to carry out enumerated powers.

Bankruptcy

A federal process where a debtor’s assets are reorganized or discharged to relieve debts.

Immigration policy

Federal control over immigration matters and enforcement.

EEOC

Equal Employment Opportunity Commission; enforces civil rights in employment.

Contingency fee

A lawyer's fee that is payable only if the client wins the case.

Attorney-client privilege

Confidential communications between attorney and client protected from disclosure.

Work product

Materials prepared by or for counsel in anticipation of litigation; protected from discovery.

Conflict of interest

A situation where a lawyer’s duties to a client could be compromised by other interests.

Unauthorized practice of law

Engaging in legal work without proper licensure.

Pro se

Representing oneself in a legal matter.

Distinguishable cases

Cases that are sufficiently different in facts or law to not apply the same precedent.

Pleadings

Initial court documents stating claims, defenses, and prayers for relief.

Discovery

Pretrial exchange of information and evidence between parties.

Confidentiality

Protection of private information within the attorney-client relationship.

Jurat

A notarial certification at the end of a document stating that an oath was administered.

Ordinance

A local law enacted by a city or county.

Administrative law

Rules and decisions of government agencies (eg, EPA, OSHA).

Executive order

A directive issued by the president or governor that has the force of law.

OSHA

Occupational Safety and Health Administration; enforces workplace safety standards.

EPA

Environmental Protection Agency; enforces environmental laws.

Statute of limitations

The time limit within which a lawsuit must be filed.