law & business + intro to legal studies terms fall

common law

a body of law created by judges and court decisions rather than by written laws passed by a legislative

precedent

a court decision that serves as an authority or guide for deciding later cases with similar facts or legal issues

stare decisis

“to stand by things decided” a legal doctrine that requires courts to follow historical cases and adhere to prior rulings when deciding similar legal issues

executive branch

the branch responsible for carrying out, administering, and enforcing the laws, and includes the president, vice president, the cabinet, and various federal agencies and departments. acts as commander in chief of the armed forces, signing or vetoing bills passed by congress, conducting foreign policy, and appointing federal judges and cabinet members

legislative branch

the branch responsible for making and passing federal laws, and includes the congress, which is split into two parts: the senate (100 members; two from each state) and the house of representatives (435 voting members, divided by state population) they write and pass bills, declaring wars, controls tax and spends policies, and approves presidential nominations

judicial branch

the branch responsible for interpreting the laws, applying them to specific cases, and deciding if they violate the Constitution. it includes the supreme court (the highest court in the country, with nine justices) and lower federal courts. they rule on the constitutionality of laws and government actions, overturning laws that violate the U.S. Constitution, and resolving legal disputes

checks and balances

a constitutional system that divides power among different branches of government so each branch can limit the actions of the others and prevent any single group from gaining absolute control

decisions of appellate courts: affirm

when the appellate court agrees with what the lower court has done

decisions of apellate courts: reverse

a decision is reversed when the litigants appeal the trial court’s deicion and the higher court disagrees the decision of a lower court

decisions of apellate courts: remand

when an appellate court sends a case back to the trial court for a new trial or other action

administrative law

the branch of public law that governs the creation, operation, and powers of government administrative agencies

excutive orders

a signed, written directive from the President of the U.S. that manages the operations and specific actions of the federal government

bill of rights

the first 10 amendments to the Untied States Constitution

due process

the government must treat people fairly and follow established rules before taking away their life, liberty, or property

certiorari

a formal order from a higher court telling a lower court to send up the records of a case so the higher court can review decision

jurisdiction

the official power, right, or authority of a court, government, or legal entity to interpret laws, make decisions, and administer justice within a specific area or over a particular type of legal case

subject matter jurisdiction

the authority of a court to hear and decide a specific kind of legal issue or controversy (such as family law, bankruptcy, or federal crimes)

personal jurisdiction

the power a court must have over the specific person or entity involved in a lawsuit before it can render a binding judgment against them

geographic/territorial jurisdiction

the physical boundary or region within which a government or court is allowed to exercise its authority

original jurisdiction

a court can hear a case first

appellate jurisdiction

gives a higher court the power to review and change decisions made by lower courts

exclusive jurisdiction

only one specific court system can hear a case

concurrent jurisdiction

multiple courts share the authority to try the same case

federal courts

involves the u.s. constitution, federal laws, treaties, disputes between different states, or lawsuits where the United States is a party

state courts

general jurisdiction and handle about 90% of all cases in the United States. they interpret state laws and constitutions.

united states courts of appeals

the intermediate appellate courts of the federal judical system, sitting between the U.S. district trial courts and the Supreme Court of the U.S.

supreme court of the united states

the highest court in the federal judiciary of the united states. it has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law

Briefing a case

Case name and citation, procedural history, issue, facts, reasoning, and holding

plaintiff

a person or group who starts in a civil lawsuit

defendant

the person or entity accused or sued in a court case

subpoena

a legal command requiring a person to appear in court or produce documents

verdict

the formal decision or finding a jury or judge upon the matters submitted in a trial