Common Law Overview: Precedent, Civil vs Criminal Law (Video Notes)

Vocabulary flashcards covering key concepts from the video notes on common law, stare decisis, precedent, jurisdiction, civil vs criminal law, and related topics.

Common law

Judge-made law developed from court decisions and customs; a body of law evolving from case rulings.

Stare decisis

The doctrine of standing by that which is decided; following precedent to promote predictability.

Precedent

A prior court decision that guides future rulings within a jurisdiction; binding if from a higher court in the same jurisdiction; persuasive if from outside.

Jurisdiction

The geographic or legal authority of a court; determines which decisions bind within that area.

Higher court

A court at a higher level whose decisions bind lower courts within the same jurisdiction.

Civil law

Law dealing with disputes between individuals or entities; remedies typically monetary; often codified in statutes.

Criminal law

Law defining offenses against the state; aims to punish or deter; higher burden of proof; remedies often do not include compensation to victims.

Tort

A civil wrong causing injury or damages, for which the victim may seek damages.

Contract

A legally binding agreement; breach leads to civil remedies.

Property law

Law governing ownership, use, and transfer of real and personal property.

Codified law

Law written into statutes or codes by the legislature; replaces parts of common law with formal codes.

Penal code

A compilation of criminal offenses and penalties enacted by the legislature.

Common law countries

Countries that rely on judge-made law and precedent, such as England and the United States.

Civil law countries

Countries that rely on codified statutes and codes rather than case law, often from continental Europe.

Louisiana civil code

U.S. state with civil-law heritage due to French influence; follows civil law traditions.

Burden of proof

The level of evidence required to win a case; criminal requires beyond a reasonable doubt; civil typically requires a preponderance of the evidence.

Remedies

Relief granted in a civil case, often monetary damages to compensate losses.

Magna Carta

Historical influence on the rule of law and due process rights in modern common law systems.

Notice and judgment by peers

Due process protections requiring notice of lawsuits and trial by one's peers.

Supreme Court and precedent

The Supreme Court interprets the Constitution; can overrule its own precedents; constitutional amendments are the means to change the Constitution.