Exam One Review: Legal Heritage, Ethics, Dispute Resolution, and Constitutional Law

Vocabulary practice flashcards covering key terms and legal concepts from Exam One Review.

Constitution (Hierarchy of Law)

The supreme foundational source of law in the United States hierarchy of laws, taking precedence over statutes and administrative regulations.

Statutes (Hierarchy of Law)

Written laws enacted by legislative bodies, positioned below the Constitution and above administrative regulations in the legal hierarchy.

Regulations/Administrative Law (Hierarchy of Law)

Rules and decisions created by administrative agencies, occupying the tier below statutes in the hierarchy of laws.

Litigation Process Overview

The sequential stages of a civil lawsuit, consisting of Pleadings, Discovery, PreTrial Motions, Settlement Conference, Voir Dire (Jury Selection), Trial, and Appeal.

Stare Decisis

The legal doctrine meaning 'to stand by the decision,' requiring all courts to follow legal precedents established by the U.S. Supreme Court to promote uniformity and efficiency.

Contingency Fee Basis

A compensation structure where an attorney receives a percentage of the amount recovered for the Plaintiff upon winning or settling a case, commonly used in personal injury cases (e.g., a 35% fee on a judgment of $1,000,000 yields $350,000).

Hourly Rate Compensation

A compensation method where the client pays the attorney a fixed rate per hour worked (e.g., working 3 hours at $350$ per hour results in a charge of $3 \times 350 = 1050$ dollars).

Sixth Amendment

Constitutional amendment guaranteeing the right to a jury trial in federal and state criminal cases.

Seventh Amendment

Constitutional amendment guaranteeing the right to a jury trial in civil federal trials.

Bench Trial

A trial held before a judge without a jury, where the judge acts as both trier of law and trier of fact.

Complaint

The initial document filed by the Plaintiff with the court to commence a lawsuit against the Defendant.

Summons

A court order directing the Defendant to appear in court and file an answer to the Plaintiff's Complaint.

Service of Process

The formal delivery of the Complaint and Summons to the Defendant.

Answer

The Defendant's official written response to the Plaintiff's Complaint containing factual denials and legal defenses, such as the Statute of Limitations.

Default Judgment

A binding judgment issued by the judge establishing the Defendant's liability due to a failure to file an answer to the Complaint.

Class Action Certification

Court approval requiring commonality among plaintiffs, impracticability of individual suits, sufficiently common claims or defenses, and adequate representation by class representatives.

Deposition

A discovery procedure involving oral testimony given under oath by a party or witness prior to trial.

Interrogatories

Written questions submitted by one party to another during the discovery phase that must be answered in writing under oath.

Pretrial Motions

Motions (such as Motion for Summary Judgment) filed when there are only legal issues and no factual disputes, seeking a final ruling from the judge before trial.

Trier of Law

The role filled by the Judge, who determines which evidence is legally admissible and decides appropriate jury instructions.

Trier of Fact

The role filled by the Jury, who evaluates admissible evidence to decide which side's factual claims are most persuasive.

Voir Dire

The process of questioning prospective jurors during jury selection to select an impartial jury.

Peremptory Strikes

Challenges used to remove prospective jurors without showing bias, subject to specific limits set by the judge, which cannot be based on race, ethnicity, or gender.

For Cause Strikes

Unlimited challenges used to remove prospective jurors who display bias or a conflict of interest.

Grounds for Appeal

An appeal must focus strictly on an error of law made by the trial court; appellate courts generally do not re-evaluate jury findings of fact.

Arbitration

A form of Alternative Dispute Resolution (ADR) that is typically binding on parties, often required by contractual clauses.

Enumerated Powers

Specific powers granted to Congress under Article I, Section 8 of the U.S. Constitution, including the powers to declare war, coin money, collect taxes, raise an army/navy, establish post offices, and regulate commerce.

Supremacy Clause

A constitutional provision establishing that the U.S. Constitution and federal laws are the supreme law of the land, taking precedence over state or local laws.

Preemption Doctrine

The legal principle derived from the Supremacy Clause stating that federal legislation overrides conflicting state or local laws.

Commerce Clause

An Article I, Section 8 provision granting Congress authority to regulate foreign commerce (which states cannot regulate) and interstate commerce.

Bill of Rights

The first ten amendments to the U.S. Constitution, designed to protect individuals against intrusive governmental actions (does not restrict private entities).

Strict Scrutiny

The highest standard of judicial review applied in equal protection cases involving suspect classes or fundamental rights.

Substantive Due Process

A requirement that statutes, ordinances, and regulations be clear on their face and not overly broad or vague.

Procedural Due Process

A constitutional requirement that the government must provide proper notice and a hearing prior to depriving an individual of life, liberty, or property; serves as the foundation for the Miranda Warning.

Eminent Domain

The inherent power of the government to acquire private property for a public use or purpose.

Takings Clause

A provision of the Fifth Amendment permitting the government to take private property for public use provided it pays fair compensation.

Criminal Burden of Proof

The evidentiary standard in criminal cases requiring the prosecutor to prove guilt beyond a reasonable doubt, contrasting with civil trial burdens.

Double Jeopardy Clause

A Fifth Amendment protection preventing a sovereign from subjecting a defendant to multiple criminal prosecutions for the same criminal act.

Environmental Responsibility

A category of Corporate Social Responsibility (CSR) focusing on sustainable business practices that minimize harm to ecosystems and natural resources.

Ethical Responsibility

A category of Corporate Social Responsibility (CSR) dedicated to operating fairly, transparently, and morally across all business activities.

Philanthropic Responsibility

A category of Corporate Social Responsibility (CSR) involving voluntary charitable donations, community support, and societal contribution.

Economic Responsibility

A category of Corporate Social Responsibility (CSR) centered on balancing financial profitability with ethical, environmental, and social obligations.

Self-Serving Bias

The psychological tendency to process information in ways that promote one's own self-interest or confirm pre-existing beliefs.

Role Morality

The ethical concept where individuals adopt different moral standards depending on the role or position they occupy.