legal business midterm

Appellant

The party who loses in the trial court and files an appeal to a higher court.

Appellee

The winning party in the trial court who responds to an appeal filed by the appellant.

Standing to Sue

The requirement that a plaintiff must have a direct, concrete legal stake or injury in a case to bring a lawsuit.

Subject Matter Jurisdiction

The authority of a court to hear and decide a specific type or topic of legal case (e.g., bankruptcy court only handles bankruptcy, traffic court only handles traffic violations).

Personal Jurisdiction

A court's legal authority over the specific parties (plaintiff and defendant) involved in a lawsuit.

Venue

The specific physical or geographic location (courtroom/county) where a trial is held.

Pleadings

The formal written statements filed with the court setting forth the claims, defenses, and responses of each party (e.g., Complaint and Answer).

Complaint

The initial pleading filed by the plaintiff stating the facts, legal allegations, and remedy sought to initiate a lawsuit.

Answer

The defendant's written response to a complaint, admitting or denying allegations and asserting any legal defenses.

Motions

Formal requests made by a party asking the court or judge to issue a specific ruling or order (e.g., Motion to Dismiss).

Discovery Process

The pre-trial phase where opposing parties exchange evidence, documents, and information relevant to the case.

Deposition

Sworn, oral pre-trial testimony given by a witness or party under oath outside of court, recorded by a court reporter.

Interrogatories

Written questions submitted by one party to another during discovery that must be answered in writing under oath.

Subpoena

A court order requiring a non-party witness to appear to testify or produce documents and evidence.

Request to Admit

Written statements sent during discovery asking the opposing party to formally admit or deny specific facts.

Pretrial Conference

A meeting between the judge and attorneys before trial to simplify issues, address motions, and explore settlement options.

Jury Selection (Voir Dire)

The process of interviewing potential jurors to select an impartial jury for trial.

Peremptory Challenges

The right to dismiss a prospective juror without giving a reason (cannot be used to exclude based on race or gender).

Challenges for Cause

A request to dismiss a prospective juror due to a demonstrated bias, conflict of interest, or inability to be impartial (unlimited number available).

Opening Statements

The initial presentations made by each side's attorney at trial outlining what they intend to prove with evidence.

Evidence

Materials presented at trial (witness testimony, physical documents, videos/recordings) to prove or disprove alleged facts.

Jury Instructions

The judge's directions giving the jury the correct legal rules and standards to apply when deciding the verdict.

Appeals

A request to a higher court to review a lower court's trial decisions for legal errors.

Role of Appellate Court

A court that reviews trial records and legal questions from lower courts, rather than re-trying cases or re-evaluating witness testimony.

Grand Jury

A group of citizens convened to review evidence and determine if there is probable cause to formally charge someone with a serious crime.

Indictment

A formal written criminal charge issued by a Grand Jury stating there is sufficient evidence to bring a felony case to trial.

Felony

A serious crime punishable by death or imprisonment for a period of more than one year.

Misdemeanor

A lesser crime punishable by fines or local jail time of one year or less.

Violation

A minor offense usually punishable by a fine or short detention rather than state prison (e.g., traffic tickets).

Act (Actus Reus)

The actual, physical illegal act (or required action) that constitutes a crime.

(Think of it as the action part of a crime, while mens rea is the mental intent.)

Intent (Mens Rea)

The required mental state or guilty mindset required for a specific crime.

Motive

The underlying reason or drive that leads a person to commit a crime (not a required legal element of a crime itself).

Corporate Liability

Holding a company as a whole legally and financially responsible for crimes or wrongful acts committed on its behalf

Strict Liability

Legal responsibility for harm or a crime assigned automatically, regardless of fault, care, or intent (mens rea).

(Think: if the act or harm happens, you are automatically liable—no need to prove a guilty mindset or negligence.)

Vicarious Liability

Holding an employer or company legally responsible for the wrongful acts or crimes committed by its employees while on the job.

(Think: "parent/boss liability"—you are held liable for what someone under your control does.)

Immunity

A legal defense giving a party complete exemption or protection from civil prosecution or criminal charges.

Intoxication Defense

A defense arguing that alcohol or drug usage prevented the defendant from forming the required criminal intent (mens rea).

Ignorance of the Law

The legal principle stating that not knowing a law exists is generally not a valid legal defense to criminal charges.

4th Amendment

Protects individuals and businesses from unreasonable searches and seizures without a warrant based on probable cause.

5th Amendment

Guarantees protection against self-incrimination ("right to remain silent"), double jeopardy, and ensures procedural due process.

6th Amendment

Guarantees criminal defendants the right to a speedy and public trial by an impartial jury, the right to confront witnesses, and the right to effective assistance of counsel.

8th Amendment

Prohibits excessive bail or fines, as well as cruel and unusual punishments.

Substantive Law

Substantive Law - Laws that define the actual legal rules, rights, duties, and what acts are legal vs. illegal (e.g., criminal codes, contract law).

Procedural Law

Rules that establish the step-by-step methods and mechanics used to enforce substantive rights in court.

Public Law

Laws that deal with disputes or relationships between private parties (individuals or businesses) and the government (e.g., criminal, constitutional, and administrative law).

Private Law

Laws governing legal relationships and disputes between private individuals or businesses (e.g., Contracts, Torts).

Statutory Law

Written laws enacted and passed by legislative bodies such as Congress or state assemblies.

Common Law (Case Law)

Law established over time through written legal opinions and precedent set by judicial decisions.

Administrative Law

Rules, regulations, orders, and decisions created by executive government agencies (e.g., EPA, SEC, OSHA).

Stare Decisis

The judicial doctrine binding lower courts to follow legal precedents set by higher courts within the same jurisdiction.

Civil Law

Laws dealing with private rights and duties between individuals or businesses, where the standard of proof is a preponderance of the evidence.

Criminal Law

Laws prohibiting acts harmful to society as a whole, prosecuted by the government where proof must be established beyond a reasonable doubt.

Diversity of Citizenship Jurisdiction

Federal court authority over state law disputes where all plaintiffs and defendants are citizens of different states AND the amount in controversy exceeds $75,000.

Citizenship of an Individual

State citizenship determined by a person's primary legal residence (domicile).

Citizenship of a Corporation

A corporation is legally a citizen of two states: its state of incorporation AND the state of its Principal Place of Business (PPOB / executive headquarters).

Federal Question Jurisdiction

Federal court authority to hear a case arising under the U.S. Constitution, federal statutes, or federal treaties (no dollar amount required).

Writ of Certiorari

An official request petitioning the U.S. Supreme Court to review a lower court's decision.

Rule of Four

Requirement that at least 4 of the 9 U.S. Supreme Court Justices must vote to grant a Writ of Certiorari to hear an appeal.