ULAW 1000 - Understanding Judicial Decisions, Legal Reasoning

Common Law

A legal system where the law is developed by judges through decisions of courts and similar tribunals, relying heavily on precedent.

Judicial Precedent

A principle where courts are bound to follow the legal decisions established by previous court rulings.

Trial Court

The court where a case is initially tried, where evidence is presented and a verdict is reached.

Appellate Court

A court that hears appeals from trial courts, reviewing the decisions made to ensure proper application of the law.

Supreme Court

The highest court in the federal judiciary, with ultimate appellate jurisdiction over all federal courts.

Burden of Proof

The obligation to prove one's assertion; varies between civil and criminal cases.

Preponderance of Evidence

The standard of proof in civil cases, meaning that the evidence must show that something is more likely true than not.

Clear and Convincing Evidence

A higher standard of proof than preponderance but less than beyond a reasonable doubt, often used in civil cases.

Beyond a Reasonable Doubt

The highest standard of proof used in criminal trials, requiring nearly absolute certainty of guilt.

Binding Precedent

Legal precedent from a higher court that must be followed by lower courts in the same jurisdiction.

Persuasive Authority

Decisions from lower courts or courts from other jurisdictions that are not binding but may influence a court's decision.

Judicial Power

The authority given to courts to interpret and apply the law, as outlined in Article III of the U.S. Constitution.

Impeachment

The process by which a legislative body charges a government official with misconduct, leading to a trial in the Senate.

Assumpsit

A legal term referring to a promise or contract that, upon breach, permits the non-breaching party to seek compensation.

De Novo Review

A standard of review where the appellate court examines the case without regard to the legal conclusions made by the trial court.

Abuse of Discretion

A standard of review applied by appellate courts when assessing whether a lower court made an arbitrary or unreasonable decision.

Hawkins v. McGee

A legal case where the defendant promised a perfect outcome for a medical procedure, resulting in complications for the plaintiff.

Legal Reading

The critical examination of legal texts to identify context, principles, and reasoning inherent in judicial opinions.

Legal Remedy

A means by which a court enforces a right, imposes a penalty, or grants compensation for a wrongful act.

Tort Law

The area of law that covers civil wrongs, allowing individuals to seek compensation for harm done to them.

Negligence

A failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.

Statutory Law

Laws enacted by a legislative body, as opposed to common law developed through judicial precedent.

Equity

A branch of law that is concerned with fairness and justice, often providing remedies that are not available in courts of law.

Discovery

The pre-trial procedure in a lawsuit where each party can obtain evidence from the other party.

Subpoena

A document that orders a person to attend court or produce evidence.

Affidavit

A written statement confirmed by oath or affirmation, used as evidence in court.

Litigation

The process of taking legal action or resolving disputes in court.

Jurisdiction

The official power to make legal decisions and judgments, often defined by geography or subject matter.