vocab quiz B

Intestate

a situation where a person dies without leaving a valid will

Adoption

taking a child in, creating a parent child relationship recognized by the law

Equal Protection Clause

the right of all persons to have the same access to the law and courts and to be treated equally by the law and the courts

Strict Scrutiny

a standard of judicial review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy

Bigamy

the condition of having two wives or husbands at the same time. if someone knowling enters a bigamous marriage is guilty of the crime. (barely prosecuted)

Common law marriage

agreement between man and women to live together as husband and wife without any legal forrmalites (time usually 7 years for this to take affect)

Dictum (dicta)

latin for “remark” a comment by a judge in a decision or ruling which is not required to reach the decision, but may state a related legal principle as the judge understands it

Contract

an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.

Torts

french for “wrong”, a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.

Precedent (legal)

a prior reported opinion of appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgement.

Issue (legal term)

any matter of dispute in a legal controversy or lawsuit

Res judicata

latin for “ the thing has been judged” meaning the issue before the court has already been decided by another court, between the same parties

Rule

a legal principle set by the decision in an appellate case, as “the rule in the case of….”

Pro bono

short for pro bono publico, latin for “ for the public good” legal work preformed by lawyers without pay to help people with legal problems and limited or no funds

Motion ( in court)

a formal request made to a judge for an order or judgement.

Ex parte

latin meaning “ for one party” referring to motions, hearings or orders granted on the request of and for the benefit of one party only.

indemnify

to guarantee against any loss which another might suffer

deposition

the taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial