legal 2700 test 1 vocab - roessing

Overbreadth doctrine

A principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action.

Act

Legislation proposed by a legislative body such as the U.S. Congress. When enacted, it has a meaning identical to "law", or "statue"

Administrative law

The legal principles involved in the workings of administrative agencies within the regulatory process

Breach of Contract

A party's failure to perform some contracted-for or agreed-upon act, or failure to comply with a duty imposed by law

Citation

the reference identifying how to find a case

Civil Law

The area of law governing the rights and duties between private parties as compared with the criminal law. This term also describes the system of codifying law in many countries as compared with the judicial orientation of the common law system.

Code

A compilation of legislation enacted by a federal, state, or local government

Common Law

The body of law deriving from judicial decisions as opposed to legislatively enacted statues and administrative regulations

Compensatory Damages

Usually awarded in breach-of-contract cases to pay for a party's losses that are a direct and foreseeable result of the other party's breach. The award of these damages is designed to place the non-breaching party in the same position as if the contract had been performed

Conflict of Law

Rules of law the courts use to determine that substantive law applies when there is an inconsistency between laws of different states or countries

Constitution

sets out the basic framework for federal government and, as amended, for individual rights

Constitutional law

The legal issues that arise from interpreting the U.S. Constitution or a state constitution

Constitutional relativity

The idea that constitutional interpretation is relative to the time in which the Constitution is being interpreted

Contract Law

The law of legally enforceable promises

Corporate Governance

A term that has at least two meanings. One relates to how a business organizations are created and managed. A second concerns how the various levels of government regulate business organizations as they transact business.

Corporation

An artificial, but legal, person created by state law. As a business organization, the corporation's separation of owners and managers gives it a high level of flexibility.

Criminal Law

The area of law dealing with wrongs against the state as representative of the community at large, to be distinguished of the community at at large, to be distinguished from civil law, which hears cases of wrong against persons.

Dicta

Statements made in a judicial opinion that are not essential to the decision of the case

Exemplary Damages

Punitive damages. Monetary compensation in excess of direct losses suffered by the plaintiff that may be awarded in intentional tort cases where the defendant's conduct deserves punishment.

Holding

The precise legal response in an opinion by an appellate court on an issue of law raised on appeal

Intentional torts

Non contractual legal wrong caused by one who desires to cause the wrong or where the wrong is substantially likely to occur from the behavior

Jurisprudence

The science of the law; the practical science of giving a wise interpretation of the law

Law

The rules of the state backed up by enforcement

Legislation

Laws passed by an elected body such as Congress, a state legislation, or local council/commission. Those laws enacted at the federal and state levels are called statutes. At the local level, such laws are often referred to as ordinances.

Negligence

A person's failure to exercise reasonable care that foreseeably causes another injury

Opinion

A contractual arrangement under which one party has for a specific time the right to buy certain property from or sell certain property to the other party. It is essentially a contract to not revoke an offer.

Ordinance

The legislative enactment of a city, county, or other municipal corporation

Originalism

Stands for the idea that courts should interpret the Constitution according to the intentions of those who wrote it

Ownership

The term refers to the exclusive legal right to process, transfer, and use resources. It is a synonym for "property"

Precedent

A prior judicial decision relied upon as an example of a rule of law

Private Law

A classification of legal subject matters that deals most directly with relationships between legal entities. The law of contracts and the law of property are two examples of this classification

Procedural Law

The body of rules governing the manner in which legal claims are enforced

Property

A bundle of private, exclusive rights in people to acquire, possess, use, and transfer scarce resources

Property Law

The law of the legal fence that establishes exclusive right in someone called an owner

Public Law

A classification of legal subject matters that regulates the relationship of individuals and organizations to society

Punitive Damages

Monetary damages in excess of a compensatory award, usually granted only in intentional tort cases where defendant's conduct involved some element deserving punishment. Also called exemplary damages.

Remedy

The action or procedure that is followed in order to enforce a right or to obtain damages for injury to a right; the means by which a right is enforced or the violation of a right is prevented, redressed, or compensated

Rule of law

The general and equal applications of laws, even to lawmakers

Sanctions

Penalties imposed for violation of a law

Specific performance

Equitable remedy that requires defendants in certain circumstances to do what they have contracted to do

Stare decisis

The doctrine that traditionally indicates that court should follow prior decisions in all cases based on substantially similar facts

Statute

A legislative enactment

Strict liability

The doctrine under which a party may be required to respond in tort damages without regard to such party's use of due care

Substantive law

A body of rules defining the nature and extent of legal rights

Tort

A civil wrong other than a breach of contract

Tort law

Tort law helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries

Uniform Commercial Code (UCC)

The most successful attempt to have states adopt a uniform law. This code's purpose is to simplify, clarify, and modernize the laws governing commercial transactions

Judicial restraint

A judge who abides by this policy (1) believes that the political process, and not the courts, should correct society's ills; (2) decides an issue on a narrow basis, if possible; (3) follows precedent whenever possible; and (4) does not engage in "judge-made law" but interprets the letter of the law

Judicial review

The power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional

Petit Jury

The fact-finding body during a trial. Also called a trial or traverse jury.

Small-claims court

A court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, such as $3,000, depending on the state.

Subject matter jurisdiction

The authority of a court to hear cases involving specific issues of law

Supreme court

The highest appellate court

Trial court

The level of any court system that initially resolves the dispute of litigants. Frequently, but not always, a jury serves as a fact-finding body, while the judge issues ruling on the applicable law.

writ of certiorari

a discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal

Affidavits

a sworn written statement made before an officer authorized by law to administer oaths

Answer

the responsive pleading filed by a defendant

Appellant

The party seeking review of a lower court decision

Appellee

The party responding to an appeal; the winner in the trial court

beyond a reasonable doubt

The burden of proof required in a criminal case. The prosecution in a criminal case has the burden of proving the defendant is guilty, and the jury must have no reasonable doubt about the defendant's guilt.

Brief

a written document produced by a party for a reviewing court that contains the facts, propositions of law, and argument of a party. It is in this document that the party argues the desired application of the law and any contentions as to the rulings of the lower court.

Burden of proof

two meanings. It may describe the party at a trial with the burden coming forward with evidence to establish a fact. The term also describes the party with the burden of persuasion. This party must convince the judge or jury of the disputed facts in issue or else lose that issue. There are various degrees of proof.

Class-action suit

A method of litigation that allows one or more plaintiffs to file a lawsuit on behalf of a much larger group of persons, all of whom have a common interest in the claims being litigated.

Clear and convincing proof

A burden of proof that requires the party with the burden to establish clearly the existence of the alleged facts. This burden requires more proof than merely having a preponderance of evidence on one's side.

Complaint

In legal practice, the first written statement of the plaintiff's position and allegations, which initiates the lawsuit.

Counterclaim

Any claim filed by the defendant in a lawsuit against the plaintiff in the same suit.

Counterdefendant

The party involved in litigation against whom a counterclaim is filed. This party is the original plaintiff.

Counterplaintiff

The party involved in litigation who files a counterclaim. This party is the original defendant who is making a claim against the original plaintiff.

Default

The failure of a defendant to answer a plaintiff's complaint within the time period allowed by the court. Upon the defendant's default, a judgement is entered in the plaintiff's favor

Defendant

The party involved in a lawsuit that is sued; the party required to respond to the plaintiff's complaint

Depositions

A discovery process outside the court's supervision that involves the sworn questioning of a potential witness. This oral questioning is reduced to a written form so that a record is established.

Directed verdict

A motion for a directed verdict requests that the judge direct the jury to bring in a particular verdict if reasonable minds could not differ on the correct outcome of the lawsuit. In deciding the motion, the judge will view in the light most favorable to the nonmoving party, and if different inferences may be drawn by reasonable people, then the court cannot direct a verdict. In essence, a directed verdict removes the jury's discretion.

Discovery

Procedures by which one party to a lawsuit may obtain information relevant to the case from the other party or from third persons.

Execution

To carry out some action to completion. With respect to enforcing a court's judgment, an execution involves the seizure of the debtor's property, a sale of the property, and the payment of proceeds to the creditor.

Extradition

The process that one state uses to have another state transfer to the jurisdiction of the first state a person accused of criminal activities.

Garnishment

A legal proceeding whereby a creditor may collect directly from a third party who is obligated to the debtor.

Interrogatories

A written question submitted by one party to another in a lawsuit; a type of discovery procedure.

Judgement

official adjudication of a court of law

Judgment notwithstanding the verdict

the decision of a court that sets aside the verdict of a jury and reaches the opposite result

Judgment on the pleadings

A principle of litigation; in the form of a motion; whereby one party tests the validity of the allegations contained in the complaint and answer. Upon this motion; a judge might determine that the pleadings contain no issues of fact or law and thus grant a judgment prior to a trial.

Jury instructions

A statement made by the judge to the jury informing them of the law applicable to the case the jury is bound to accept and apply.

Long-arm statues

a state statue that gives extraterritorial effect to process (summon) in specified cases. It allows state courts to obtain jurisdiction in civil actions over defendants who are beyond the border of the state provided the defendants have minimum contact with the state sufficient to satisfy due process.

Motion

The process by which the parties make written or oral requests that the judge issue an order or ruling

Oral argument

Attorneys appear in person before the appellate court to explain orally to the court their position in the case and answer the court's questions about the case.

Peremptory challenges

The power granted each party to reject a limited number of potential jurors during voir dire examination. No reason for the rejection need be given.

Personal jurisdiction

The power of a court over the parties involved in the litigation process

Petitioner

The party filing either a case in equity or a petition for a writ of certiorari before a supreme court.

Plaintiff

a person who initiates a lawsuit

Pleadings

The system for defining and narrowing the issues by parties who file formal documents stating their respective positions in a lawsuit.

Preponderance of evidence

In the judgement of the jurors, evidence that has greater weight and overcomes the opposing evidence that has greater weight and overcomes the opposing evidence and presumptions.

Request for an admission

A method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts that are not in dispute.

Request for production of documents

a method of discovery whereby one party asks the other to provide documents for the requesting party's review

Res judicata

the doctrine that deems a former adjudication conclusive and prevents a retrial of matters decided in the earlier lawsuit

Respondent

The party answering a petition for a writ of certiorari in the supreme court

Standing to sue

the requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing

Statue of limitations

A statue that sets a date after which a lawsuit may not be brought. The statute begins running after the happening of a certain event, such as the occurrence of an injury or the breach of a contract.

Summary judgement

A judicial determination that no factual dispute exists and that one party to the lawsuit is entitled to judgment as a matter of law

Summons

an official notice to a person that a lawsuit has been commenced against him or her and that he or she must appear in court to answer the charges

Third-party defendants

A party who is not a party (plaintiff or defendant) to the original litigation. Typically, a defendant might file a claim against a third party stating that if the defendant is liable to the plaintiff, then this third party will be liable to the defendant.

Verdict

findings of fact by the jury