Classifications of Law & Legal Terminologies

These flashcards cover key legal terms and classifications of law, focusing on definitions essential for understanding legal concepts.

Public Law

A body of doctrine and legal rules that govern the relationship between public authorities and citizens, affecting society as a whole.

Private Law

A body of legal rules that governs the relationships between individuals, associations, and corporations.

Substantive Law

Law that creates and controls the rights and duties (obligations) of parties.

Procedural Law

Law that creates and controls the process for enforcing rights and duties under substantive law.

International Law

A body of rules that governs relationships between states and international entities.

Common Law

Law created by the decisions of judges; it is not legislated and often contrasts with statutory law.

Equity

A branch of law developed by the Court of Chancery, focused on fairness and justice, providing remedies outside of common law.

Criminal Proceeding

A legal process where the state prosecutes an individual for offenses against societal laws.

Civil Proceeding

A legal process in which a plaintiff sues a defendant over disputes involving rights, obligations, or interests.

Res Judicata

A legal doctrine that prevents the same issue from being litigated more than once after a judgment.

Ratio Decidendi

The principle or rule of law on which a court's decision is founded.

Obiter Dictum

A remark made by a judge that is not essential to the decision in the case and does not have binding precedent.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Per Incuriam

A decision given in ignorance or forgetfulness of a relevant statutory provision or binding precedent.

Breach of Contract

When a party fails to perform any term of a contract without a legitimate legal excuse.

Tort

A civil wrong that causes harm or loss to another, leading to legal liability.

Breach of Trust

A situation where a trustee fails to fulfill the duties imposed on them by a trust agreement.

Judicial Review

A process where a court reviews the lawfulness of a decision or action made by a public body.

Injunction

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

Specific Performance

A legal remedy where a party is ordered to perform their obligations under a contract.