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Right

Legal capacity to require another person to perform or refrain from an action.

Duty

An obligation of law imposed on a person to perform or refrain from performing a certain act.

Right of privacy

The principle that officers can’t search a home unless there is reasonable suspicion.

Statutory law

Legislative acts declaring, commanding, or prohibiting something.

Administrative regulations

Rules made by state and federal administrative agencies.

Private law

The rules and regulations parties agree to as part of their contractual relationships.

Case law

Law found in judicial decisions.

Precedent

A decision of the court that stands as law for a particular problem in the future.

Common law

Unwritten principles based on customs of the community recognized by courts.

Substantive law

The law that defines rights and liabilities.

Procedural law

Specifies the steps that must be followed in enforcing rights and liabilities.

Criminal law

Laws that define wrongs against society.

Civil law

Laws that define the rights of one person against another.

Equity

Equitable remedies to stop harm.

Subject matter jurisdiction

Authority to hear a particular type of case.

Original jurisdiction

Authority to hear a controversy when first brought to court.

General jurisdiction

Power to hear most controversies involving legal rights and duties.

Limited jurisdiction

Authority to hear only particular cases.

Appellate jurisdiction

Power to hear and decide cases on appeal from another court.

Reversible error

An error in court proceedings serious enough for the appellate court to set aside lower court proceedings.

Affirm

Action by an appellate court that approves the decision of the lower court.

Reverse

Action by the appellate court that sets aside the verdict of a lower court.

Remand

The appellate court sends a case back to the trial court for additional hearings or a new trial.

Federal district court

General trial court of the federal system, divided into 94 districts.

En banc

A full panel of judges on the appellate court hears a case.

Small claims court

Courts resolving disputes between parties when amounts do not exceed a minimal level, no lawyers permitted.

Plaintiff

The party bringing a civil lawsuit.

Prosecutor

The lawyer representing the state in a criminal case.

Answer

Document filed by defendant to admit or deny facts from the plaintiff.

Motion to dismiss

A request to attack the other party’s pleading for failing to state a cause of action.

Discovery

Procedures for ascertaining facts prior to trial to eliminate surprises in litigation.

Deposition

Testimony of a witness out of court under oath.

Impeach

Challenge the credibility of a witness using prior inconsistent evidence.

Motion for summary judgment

Request for the court to decide a case based on law only.

Expert witness

A person with special knowledge in a field whose opinion aids the trier of fact.

Voir dire

Preliminary examination of a juror or a witness to ascertain fitness.

Peremptory challenge

Used to remove a juror for any reason except discriminatory.

Admissibility

The quality of evidence that allows it to be presented to the jury.

Direct examination

Examination of a witness by their attorney.

Cross examination

Examination of a witness by the opposing party's attorney.

Directed verdict

Order by the trial judge directing the jury to return a verdict for a specified party.

Judgment n.o.v.

A judgment that overturns the jury's verdict for being clearly wrong as a matter of law.

Arbitration

Settlement of disputes by one or more arbitrators.

Mediation

Process where a neutral person acts as a messenger between two sides.

Equitable remedies

Judicial remedies that aim to enforce fairness in legal disputes.

Limited partnership

Business partnership formed by one or more general partners and one or more limited partners.

Limited partner

Partner who does not take part in management and takes on unlimited liability.

General partner

Partner who co-owns a business and takes part in management.

Limited Partnership Agreement

An agreement detailing capital contributions, firm name, management/control, and rights.

LLC

Limited Liability Company where owners/managers are not personally liable for business debts.

Natural law

System of principles guiding human conduct independent of enacted law.

Positive law

Law enacted by governmental authority.

Kant's categorical imperative

Ethical standard requiring avoidance of one-sided analysis of ethical issues.

Ethical egoism

Philosophy advocating for actions in one's own self-interest.

Utilitarianism

Philosophy that bases decisions on doing the most good for the most people.

Moral relativism

Decision-making based on circumstances rather than predefined standards.

Blanchard and Peale Test

Ethical decision-making test considering legality, balance, and personal feelings.

Real property

Land and rights in the land.

Easement

Permanent right in the land of another.

Dominant tenement

Land that benefits from an easement.

Servient tenement

Land that is subject to an easement.

Prescription

Acquisition of an easement through hostile use of the land.

License

Personal, revocable privilege to perform an act on someone else's land.

Judgment lien

Lien obtained through the courts.

Fixture

Personal property attached to real estate.

Fee simple estate

Highest level of land ownership.

Life estate

Estate for the duration of a person's life.

Leasehold estate

Interest of a tenant in rented land.

Covenant of quiet enjoyment

Landlord's obligation to not interfere with tenant's use of the property.

Forcible entry and detainer

Legal action to restore property to landlord unless tenant pays.

Underwriter

Insurer.

Insurable interest

Extent to which a party may suffer financial loss due to the existence of an insurance policy.

Life insurance

Insurance that pays a benefit upon the death of the insured.

Double indemnity

Provision for payment of double the amount if death occurs under specific circumstances.

Independent contractor

Performers of work controlled by themselves, not the owner.

Universal agent

Authorized to perform all lawful acts for a principal.

Ratification

Principal's approval of an unauthorized act by an agent.

Disclosed principal

Principal whose identity is made known by the agent.

Vicarious liability

Liability imposed for the fault of another.

Collective bargaining contract

Agreement detailing employee rights and workplace terms.

Employment at will doctrine

Employer's right to terminate employment at any time without reason.

SOX

Law protecting whistleblowers and increasing penalties for corporate wrongdoing.

FLSA

Law establishing minimum wage and working hours for employees.

NLRA

Law protecting employee rights to organize unions.

ERISA

Law establishing standards for employee pension plans.

Family and Medical Leave Act

Entitles employees to unpaid leave for specific family and medical reasons.

OSHA

Federal law ensuring safe and healthful working conditions.

ADA

Law requiring reasonable accommodations for individuals with disabilities.

Contract

An agreement between competent parties supported by lawful consideration.

Privity of contract

Relationship between parties to a contract.

Formal contract

Written agreements signifying intention to abide by terms.

Voidable contract

Agreement that may be rejected at the option of one party.

Executed contract

Agreement that has been completely performed.

Breach of policy

Policy violation that may not result in liability for good faith refusals.

Fraud

False statement intended to deceive another party.

Negligent misrepresentation

Failure to exercise care regarding material information without intent to deceive.

Active concealment

Positive act of hiding information from another party.

Consideration

Price of a promise in a contract, must provide a benefit or incur a detriment.

Unconscionability

Contract provisions viewed as overly favorable to one party.

Statute of Frauds

Requires certain contracts to be evidenced in writing to be enforceable.