Learn: Legal Systems Glossary

Substantive Law

Law that creates and defines legal rights, duties, obligations, defenses, and remedies, determining what conduct is lawful or unlawful.

Procedural Law

The body of rules governing how substantive law is enforced, including how lawsuits are filed and how cases proceed.

Sources of American Law

Constitutions, English common law, statutes, case law, and administrative agency regulations.

Inferior Courts (Minor Judiciary)

Lower-level courts handling minor civil/criminal matters without jury trials, such as traffic violations or small claims.

Trial Courts

Courts of original jurisdiction where cases are first heard, evidence is presented, and juries are used.

Appellate Courts

Courts that review trial court decisions for legal errors using records, transcripts, and briefs rather than new evidence.

Stare Decisis (Precedent)

The doctrine that courts should follow prior rulings on similar cases to promote consistency and predictability.

Subject Matter Jurisdiction

A court's legal authority to hear and decide a particular category of case.

Diversity of Citizenship

Federal jurisdiction basis when opposing parties are from different states and the amount in controversy exceeds $75,000.

Erie Doctrine

Rule stating that federal courts sitting in diversity jurisdiction must apply the substantive law of the forum state.

Jurisdiction over the Person (In Personam)

A court's authority over parties; obtained over plaintiff by filing and defendant by service of process.

Jurisdiction over Property (In Rem)

A court's authority over a specific piece of property within its borders rather than the person.

International Shoe v. Washington

1945 Supreme Court case establishing the 'minimum contacts' test for personal jurisdiction.

Long Arm Statute

State law giving courts jurisdiction over non-resident defendants with minimum contacts in the state.

Venue

The specific geographic district within a jurisdiction where a case should be brought.

Forum Non Conveniens

Doctrine allowing a judge to transfer a case to a more appropriate, convenient district.

Civil Complaint

The formal pleading initiating a civil lawsuit, detailing jurisdiction, facts, and damages sought.

Service of Process

Formal delivery of a summons and complaint to a defendant to establish personal jurisdiction.

Summons

Document notifying a defendant they are being sued and must respond within a set time.

Preliminary Objections

Responses a defendant may file to challenge defects in a complaint, such as a motion to dismiss.

Motion for a More Specific Pleading

An objection arguing the complaint is too vague and requiring a more detailed statement.

Motion to Dismiss (Demurrer)

An objection asking to throw out a complaint due to a fundamental legal flaw.

Answer

The defendant's formal written response admitting or denying each allegation in the complaint.

New Matter

Section of an answer raising new facts, affirmative defenses, counterclaims, or cross-claims.

Counterclaim

A claim asserted by the defendant back against the plaintiff within the same lawsuit.

Cross-Claim

A claim asserted by one defendant against a co-defendant within the same lawsuit.

Discovery

Pretrial process where both parties disclose relevant information, witnesses, and documents.

Protective Order

Court order ruling on whether privileged or confidential information must be produced in discovery.

Written Interrogatories

Written questions sent to an opposing party that must be answered in writing under oath.

Depositions

Out-of-court oral testimony given under oath and transcribed for trial use or impeachment.

Motion to Compel Discovery

Motion filed when an opposing party fails to cooperate with discovery requests.

Motion for Sanctions

Motion asking the court to penalize a party for failing to comply with discovery obligations.

Motion for Summary Judgment

Motion asking for judgment without trial because there is no genuine issue of material fact.

Voir Dire

The jury selection process where prospective jurors are questioned for fairness and impartiality.

Batson Motion

Objection that an opposing party is using peremptory challenges to remove jurors based on race or gender.

Motion for Non-Suit (Rule 50 Motion)

Defense motion during trial arguing plaintiff presented insufficient evidence.

Motion for Directed Verdict

Motion before jury deliberations asking for judgment because evidence is overwhelmingly one-sided.

Motion for Judgment N.O.V.

Post-trial motion asking the judge to overturn a jury verdict not supported by evidence.

Elements of a Contract

Offer, acceptance, consideration, mutual assent, capacity, and lawful purpose.

Implied-in-Fact Contract

Contract inferred from the conduct and circumstances of the parties.

Implied-in-Law Contract (Quasi-Contract)

Legal fiction imposed by courts to prevent unjust enrichment without an actual agreement.

Illusory Contract

An agreement where one party's promise does not commit them to anything, lacking consideration.

Unilateral Contract

Contract where one party makes a promise accepted by the other party performing an act.

Bilateral Contract

Contract where both parties exchange mutual promises.

Void Contract

An agreement with no legal effect from the outset, like a contract for an illegal purpose.

Voidable Contract

A valid contract that may be rejected or rescinded due to a legal defect like fraud or minority.

Consideration

Something of legal value given in a bargained-for exchange to make a promise enforceable.

Promissory Estoppel

Equitable doctrine enforcing a promise without consideration to prevent injustice from reasonable reliance.

Uniform Commercial Code (UCC)

Model set of statutes governing commercial transactions and the sale of goods.

Statute of Frauds

Rule requiring certain contracts (e.g., real estate, over a set amount) to be in writing to be enforceable.

Intentional Torts

Civil wrongs where the defendant intended the act causing harm, such as battery or defamation.

Negligence

Tort based on failure to exercise reasonable care, requiring duty, breach, causation, and damages.

Strict Liability

Liability imposed regardless of fault, typically for abnormally dangerous activities or defective products.

Res Ipsa Loquitur

Doctrine allowing inference of negligence from the mere occurrence of an accident under defendant's control.

Assumption of the Risk

Affirmative defense asserting the plaintiff knowingly and voluntarily encountered a known danger.

Contributory Negligence

Defense stating that any negligence by the plaintiff completely bars recovery of damages in some jurisdictions.