LEGL Exam 1

Law

Rules laid down by the state and backed by enforcement.

Formal Social Force

Law’s ability to maintain order through enforcement.

Enforcement Mechanism

Means used to enforce laws and rules.

Rule of Law

Everyone, including government, is equally subject to publicly known laws.

Accountability

Government and individuals are held responsible under the law.

Just Law

Laws are clear, fair, stable, and protect rights

Open Government

Government processes are accessible and transparent.

Accessible Justice

People can access fair and efficient legal systems.

Property

Something owned; a legal right to use and exclude others from resources.

Ownership

Legal right to control and use property.

Exclusionary Right

Right to prevent others from using your property.

Public Property

Property owned by the government.

Private Property

Property owned by individuals or private organizations.

Common Property

Property jointly owned or shared by multiple people.

Tangible Property

Physical property that can be touched.

Intangible Property

Property without a physical form, such as intellectual property.

Common Law

Legal system based heavily on judicial decisions and precedent.

Civil Law System

Legal system based primarily on written legislation.

Precedent

Earlier court decision used to guide later cases.

Stare Decisis

Principle of following previous court decisions.

Opinion

Written explanation of a court’s decision.

Holding

Legal rule necessary to decide a case.

Dicta

Statements in a court opinion that are not necessary to the decision.

Public Law

Law involving government and regulation of society.

Private Law

Law governing relationships between private individuals or organizations.

Constitutional Law

Law involving the Constitution and government powers.

Administrative Law

Law governing government agencies and regulations.

Criminal Law

Law involving offenses against society prosecuted by the government.

Property Law

Law governing ownership and use of property.

Contract Law

Law governing agreements between parties.

Tort Law

Law involving civil wrongs other than breach of contract.

Civil Case

Legal dispute where one party sues another for damages or relief.

Criminal Case

Case where the government prosecutes someone for violating criminal law.

Substantive Law

Defines legal rights, duties, and relationships.

Procedural Law

Provides the methods for enforcing and administering substantive law.

Plaintiff

Person who brings a lawsuit.

Defendant

Person or party being sued or accused.

Legal Sanction

Punishment or consequences used to encourage compliance with the law.

Remedy

Legal means of correcting a wrong or enforcing a right.

Damages

Money awarded to compensate for a legal wrong.

Equitable Remedy

Non-money remedy ordered by a court.

Specific Performance

Court order requiring a party to perform a contract.

Injunction

Court order requiring someone to do or stop doing something.

Contract Breach

Failure to perform a contractual obligation.

Rescission

Cancellation of a contract

Consequential Damages

Damages for additional losses caused by a breach.

Tort

Civil wrong other than breach of contract.

Intentional Tort

Tort committed deliberately.

Negligence

Failure to use reasonable care.

Strict Liability

Liability imposed without needing to prove negligence or intent.

Punitive Damages

Money awarded to punish especially wrongful conduct.

Jurisprudence

Study and philosophy of law.

Natural Law

View that law is based on fundamental moral principles.

Positive Law

Law created and established by government.

Historical School

View that law develops from a society’s history and traditions.

Sociological Jurisprudence

Study of how law affects society.

Legal Realism

View that law is influenced by how judges and legal institutions actually operate.

Federal Law

Law created by the federal government.

State Law

Law created by state governments.

US Constitutions

Highest source of US Law

Federal States

Laws passed by Congress

Federal Administrative Regulations

Rules created by federal agencies.

State Constitutions

Highest source of state law

State Statutes

Laws passed by state legislatures.

State Administrative Regulations

Rules created by state agencies.

Local Ordinances

Laws created by local governments.

Case Law

Law developed through court decisions.

Hierarchy of Laws

System in which higher sources of law override conflicting lower sources.

Corporate Governance

Rules governing how corporations are directed and controlled.

Shareholders

Owners of a corporation.

Board of Directors

Group of responsible for overseeing a corporation.

Separation of Ownership and Control

Shareholders own the corporation while managers/directors control its operations.

Court System

The system used to enforce laws and revolve disputes.

Judges

Individuals who operate trial court and apply the law to the facts of a case.

Justices

Members of appellate courts, especially members of the Supreme Court.

Trial Court Judges

Determines the applicable law, decides questions of law, and may determine facts in a bench trial.

Appellate Court Judge/Justice

Reviews appeals and focuses primarily on questions of law.

Bench Trial

A trial without a jury in which the judge determines both the facts and the law.

Issues of Law

Questions about which laws or legal rules apply to a case.

Issues of Fact

Questions about what actually happened in a case

Precedent

A previous court decision used as authority for deciding future cases.

Juror

A citizen who helps determine the facts and reaches a verdict in a case.

Jury

A group of citizens that determines facts and reaches a verdict.

Petit Jury (Trial Jury)

The jury that hears evidence and returns a verdict in a trial.

Verdict

The jury’s decision about the outcome of a case.

Trial by Jury

The constitutional right to have a jury decide certain criminal and civil cases.

Sixth Amendment

Guarantees the right to a jury trial in criminal cases.

Seventh Amendment

Preserves the right to a jury trial in certain civil cases.

Attorney/Lawyer

A lawyer who presents evidence, points of law, and arguments on behalf of a client.

Representative Advocate

A lawyer who presents evidence, points of law, and arguments on behalf of a client.

Adversarial System

A court system in which opposing parties present their arguments and evidence before a neutral judge or jury.

Counselor

A role of a lawyer involving advising clients and handling confidential information.

Advocate

A lawyer who argues for a client’s position in court.

Public Servant

A role of a lawyer involving a duty to the administration of justice and the legal system.

Attorney-Client Privilege

Protection that prevents lawyers from revealing confidential communications made by clients for legal advice.

Confidential Communication

Private communication between a client and attorney made for the purpose of receiving legal advice.

Crime-Fraud Exception

An exception to attorney-client privilege when communications are made to help commit or plan a crime or fraud.

Paralegal

A legal assistant who helps attorneys gather facts and perform legal work.

Trial Consultant

A professional who assists attorneys with jury selection, case strategy, presentations, and other trial preparation.

Voir Dire

The process of questioning potential jurors to determine their attitudes, experiences, and suitability.