U.S. Legal System and Civil Litigation: Key Concepts and Laws

Legislative

One of the three branches of the U.S. government responsible for making laws.

Executive

One of the three branches of the U.S. government responsible for enforcing laws.

Judicial

One of the three branches of the U.S. government responsible for interpreting laws.

Statutory law

Type of law created by legislatures.

Subject matter jurisdiction

Type of jurisdiction that gives a court authority over the subject of a lawsuit.

Civil law

Type of law that resolves disputes between parties.

Criminal law

Type of law that punishes offenses against the state.

The U.S. Constitution

The supreme law of the United States.

Complaint

The first pleading filed by the plaintiff in a civil case.

Interrogatories

Discovery tool involving written questions answered under oath.

Motion for summary judgment

Motion asking the court to decide the case without a trial due to no genuine dispute of fact.

The plaintiff

The party that bears the burden of proof in a civil trial.

Preponderance of the evidence

The standard burden of proof in a civil trial.

Offer

One of the three required elements of a valid contract.

Acceptance

One of the three required elements of a valid contract.

Consideration

One of the three required elements of a valid contract.

Implied contract

Type of contract formed by actions rather than written or spoken words.

Duress

Defense to a contract involving one party being forced to agree.

Voidable contract

Type of contract that is enforceable but may be rescinded by one party.

Specific performance

One equitable remedy for breach of contract.

Corporation

Type of business organization that provides the strongest liability protection for owners.

Officers and directors

Individuals who owe fiduciary duties in a corporation.

Uniform Commercial Code (UCC)

Body of law that governs most commercial transactions.

Dissolution

Legal process of ending a corporation.

Actus reus

One of the two basic elements of most crimes, meaning 'act'.

Mens rea

One of the two basic elements of most crimes, meaning 'intent'.

Felony

Classification of crime punishable by more than one year in prison.

Miranda rights

Rights that inform a suspect of constitutional rights during custodial interrogation.

Beyond a reasonable doubt

Burden of proof in a criminal trial.

Indictment

Stage that comes first before arraignment in criminal proceedings.

Testator

Person that creates a will.

Revocable trust

Type of trust that can be changed or revoked during the grantor's lifetime.

Intestacy

Term for dying without a valid will.

Joint tenancy with right of survivorship

Example of a non-probate transfer.

Administrator

Person appointed to manage the estate when there is no will.

Real property

Land and structures.

Personal property

Movable items.

Warranty deed

Type of deed that provides the most protection to the buyer.

Fee simple

The highest form of property ownership.

Foreclosure

Legal process by which a lender takes back property for nonpayment.

Eminent domain

Government's power to take private property for public use with compensation.

Intentional torts

Examples include assault, battery, false imprisonment, and defamation.

Negligence

Legal concept involving four elements: duty, breach, causation, damages.

Strict liability

Type of liability that does not require proof of fault.

Comparative negligence

One defense to negligence.

Punitive damages

Damages intended to punish the defendant and deter future misconduct.

Confidentiality

Duty to keep client information private.

Attorney-client privilege

Privilege that belongs to the client.

Unauthorized practice of law

Term for performing legal work without a license.

ABA Model Rules of Professional Conduct

Professional rules that guide attorneys and paralegals.

Supervising attorney

Individual responsible for supervising a paralegal's work.

Chapter 7

Type of bankruptcy that involves liquidation.

Automatic stay

Legal term for halting all collection actions once bankruptcy is filed.

Secured creditors

Creditors that have collateral.

Unsecured creditors

Creditors that do not have collateral.

Trustee

Individual who administers the bankruptcy estate.

Chapter 13

Type of bankruptcy that is a reorganization plan for individuals with regular income.