Legal Systems, Court Procedures, and Constitutional Law Vocabulary

Vocabulary practice flashcards covering fundamental concepts in Chapter 1, Chapter 3, Chapters 4/5, and Chapter 6 lecture notes.

Law

A formal social force backed by enforcement.

Rule of Law

The principle that laws apply to everyone the same way and broken laws are equally punishable regardless of status in society.

Common Law System

A legal system that emphasizes the role of judges in determining the meaning of laws and how they apply to different situations through court decisions.

Stare Decisis

A doctrine meaning "let the prior decision stand," under which courts generally follow earlier court decisions or precedent when similar legal issues arise.

"At Common Law"

A phrase meaning according to the traditional rules that courts developed over time through past judicial decisions.

Civil Law

The body of law involving disputes between private parties or individuals, requesting damages or relief without criminal punishment.

Criminal Law

The body of law involving a government action against an individual for an act committed against society.

Contract Law

A branch of civil law focused on breach of contract, involving the failure to meet promises made under a legally enforceable agreement.

Breach of Contract

The failure to meet promises made under a legally enforceable agreement.

Tort

A civil wrong other than a breach of contract.

Treason

A category of crime defined as going against your own country.

Felony

A serious crime classified as punishable by more than one year in jail.

Misdemeanor

A crime classified as punishable by less than one year in jail.

Plaintiff

The party who files and brings a civil lawsuit.

Defendant

The party being sued in a civil action or accused in a criminal case.

Substantive Law

The classification of law defining legal rights, duties, and relationships between people and between people and the state.

Procedural Law

The classification of law providing the methods and means by which substantive law is made and administered, including rules on timing, length, and evidence.

Federal Sources of Law

The four main federal sources: US Constitution, Legislation, Administrative Law, and Judicial Decisions.

US Constitution

The supreme law of the land in the United States.

Constitutional Amendment

A formal change or addition to the US Constitution.

Constitutional Amendment Process

The requirement that two-thirds of the Senate/Congress and three-fourths of the states must approve a formal change to the Constitution.

Legislation

Bills, statutes, and acts passed by Congress.

Administrative Law

Rules and regulations created by government agencies such as the CIA, FBI, and EPA.

Rule Making (Administrative Agency)

An administrative agency function that produces regulations having the force and effect of law.

Adjudicating (Administrative Agency)

An administrative agency function that involves conducting fact-finding and imposing penalties.

Advising (Administrative Agency)

An administrative agency function of issuing advisory legal opinions.

Investigating (Administrative Agency)

An administrative agency function to examine potential illegal action, during which lying to agencies is a crime.

Administrative Agency Board Structure

An organizational structure composed of 5 to 7 members of different parties, led by a chair who requires Senate confirmation and whose members cannot engage in outside employment during their term.

Judicial Decisions

Written decisions issued by judges that serve as a source of law.

Precedent

A prior judicial decision relied upon by a subsequent judge when deciding similar cases.

Citation

The reference identifying how to locate a specific legal court case.

Local Ordinances

Laws made by local municipal or county governments.

Legal Sanctions

Methods used by law enforcement officials and courts to encourage or force compliance with and obedience to the law.

Criminal Sanctions

Legal consequences for criminal conduct including death, imprisonment, and fines, designed to protect the public and deter wrongful conduct.

Compensatory Damages (Torts)

Monetary damages awarded in tort cases intended to make the plaintiff whole.

Exemplary / Punitive Damages

Damages awarded in tort cases to punish the wrongdoer and deter improper conduct.

"Make the Plaintiff Whole"

The concept of trying to put the plaintiff as close as possible to the position they were in before the harm occurred.

Equitable Relief

Non-money damages awarded in breach of contract cases when monetary damages are insufficient.

Specific Performance

An equitable court order compelling a party to actually perform their promised contractual obligation.

Recission

An equitable remedy that undoes or cancels a contract.

Attorney-Client Privilege

A legal protection preventing a lawyer from disclosing confidential communications made by a client for the purpose of obtaining legal advice.

Trial Judge

A judge who operates entry-level trial courts, presides over trials, rules on legal issues, and manages court proceedings.

Appellate Judge

A judge who reviews trial court decisions for legal errors rather than conducting a new trial.

Supreme Court Justice

The official title for a judge serving on a state supreme court or the US Supreme Court.

Petit Jury

The regular trial jury that hears evidence presented at trial and decides the issues of fact and verdict.

Grand Jury

An investigative body of citizens that evaluates evidence to determine if enough evidence exists to formally charge someone with a serious crime.

Sixth Amendment

The constitutional amendment guaranteeing the right to a trial by jury in criminal cases.

Seventh Amendment

The constitutional amendment guaranteeing the right to a trial by jury in civil cases.

Trial Court

The entry-level court where lawsuits begin, evidence is presented, witnesses testify, and an initial decision is made.

Appellate Court

An intermediate reviewing court that examines lower court proceedings to check for legal errors.

Supreme Court

The highest reviewing court in a state or federal judicial system, holding final appellate authority.

Writ of Certiorari

A formal order or petition used to request that a higher court accept discretionary review of a case.

Georgia Superior Court

Georgia's constitutional general-jurisdiction trial court handling felonies, real estate, domestic relations, and major civil disputes.

Georgia State Court

A Georgia trial court established by legislature to handle misdemeanors, traffic offenses, and general civil disputes.

Georgia Magistrate Court

A Georgia trial court handling small civil claims, dispossessory/landlord-tenant cases, and warrants.

Georgia Probate Court

A Georgia trial court handling wills, estates, guardianships, conservatorships, and related probate matters.

Georgia Municipal Court

A Georgia court handling city ordinance violations, traffic offenses, and minor municipal matters.

Georgia Juvenile Court

A Georgia court handling legal matters involving minors, including delinquency and dependency.

Georgia Business Court

A specialized trial court in Georgia handling complex commercial and business litigation.

U.S. District Court

The principal general trial court in the federal judicial system.

U.S. Circuit Court of Appeals

The intermediate federal appellate court that reviews decisions made by federal district courts.

Eleventh Circuit U.S. Court of Appeals

The federal appellate circuit court with regional authority over federal court appeals originating in Georgia, Florida, and Alabama.

Federal Judicial Appointment

The constitutional process where federal judges and justices are appointed by the President and confirmed by the Senate for life terms.

Subject Matter Jurisdiction

The statutory or constitutional authority of a court to hear and decide a specific category or type of legal case.

Diversity Jurisdiction

Federal subject matter jurisdiction in civil suits between citizens of different states where the amount in controversy exceeds $75,000.

Amount in Controversy Requirement

The statutory requirement that a claim must exceed $75,000 for diversity jurisdiction in federal court.

Removal to Federal Court

The procedure by which a defendant transfers a civil lawsuit filed in state court to federal district court when diversity jurisdiction requirements are met.

U.S. Supreme Court Composition

The composition of the highest federal court, consisting of 9 justices appointed for life terms.

SCOTUS Discretionary Review

The U.S. Supreme Court's power to decide which cases to grant review, accepting approximately 1% of filed writs of certiorari.

Circuit Split

A disagreement between different federal Circuit Courts of Appeal on a legal issue, which frequently leads SCOTUS to grant case review.

SCOTUS Original Jurisdiction

The rare circumstance where a case starts directly in the U.S. Supreme Court, covering disputes between states, cases with foreign representatives, or where the US is a party.

Litigation

The formal legal process of resolving actual disputes through court proceedings.

Triggering Event

An incident, such as a car wreck, that causes injury or damage and initiates potential legal action.

Litigation Hold

An instruction or order to preserve all relevant data and stop deleting or destroying anything that could be relevant to a lawsuit.

Spoliation

The destruction, alteration, or failure to preserve evidence relevant to pending or foreseeable litigation, which can lead to a negative inference.

Percentage of Recovery / Contingency Fee

An attorney fee arrangement where the lawyer receives an agreed percentage of the monetary award won or received in the case.

Standing to Sue

The legal requirement that a plaintiff must establish an actual case or controversy and a personal stake in the lawsuit.

DeFunis v. Odegaard (1974)

A case involving an applicant denied admission to the University of Washington School of Law who sued over affirmative action policies, which SCOTUS ultimately dismissed.

Vicarious Liability

A legal doctrine holding a principal liable for torts committed by an agent while completing official employment duties within the scope of employment.

Agency Law

The common law doctrine controlling the relationship and duties between principals and agents.

Scope of Employment

An employee's engagement in the furtherance of the employer's business while acting with actual or implied authority.

Frolic and Detour

An exception to vicarious liability where an employee departs from work duties for personal reasons, relieving the employer of liability.

Personal Jurisdiction

A court's legal power over a specific person or property to require attendance at trial and bind them to its judgment.

In Personam Jurisdiction

Personal jurisdiction established based on whether a person resides within the court's territorial jurisdiction.

Minimum Contacts

A test determining personal jurisdiction over out-of-state defendants based on whether they purposefully availed themselves of the resources of the state.

Venue

The physical county or district court house location that is most convenient and practical for a trial.

Complaint

The formal document filed by a plaintiff to initiate a lawsuit, setting out allegations, parties, jurisdiction, venue, facts, legal theories, and requested relief.

Answer

The defendant's written pleading responding to allegations in a complaint by admitting or denying them, potentially containing affirmative defenses.

Affirmative Defense

A defense raised in an Answer that asserts facts or legal reasons that will defeat the plaintiff's claim even if allegations are true.

Service of Process

The formal delivery of legal papers to a defendant to provide official notification that a lawsuit has been filed.

Personal Service

Service of process executed by handing legal documents directly to the defendant, or sending them via registered mail.

Substituted Service

Service of process accomplished by leaving legal papers at the defendant's home with a resident of suitable age and discretion (typically over age 14).

Default Judgment

A binding judgment entered against a defendant who fails to file an Answer or present defenses within the required timeframe.

Summons

An official court notice served alongside a Complaint that informs the defendant of the lawsuit, response deadline, and risk of default judgment.

Discovery

The pre-trial process allowing both sides to gather facts, narrow disputed issues, inspect evidence, and evaluate trial positions.

Interrogatories

Written discovery questions sent from one party to another that must be answered in writing under oath.

Requests for Production of Documents

A discovery method requesting the opposing side to provide documents, records, emails, or physical items.

Deposition

Pre-trial oral questioning of a party or witness under oath, usually recorded by a court reporter.

Alternative Dispute Resolution (ADR)

Methods used to resolve legal disputes outside of a full courtroom trial, including mediation and arbitration.

Mediation

A nonbinding ADR process where a neutral facilitator helps opposing parties negotiate and reach a voluntary settlement.