Studied by 92 PeopleAdministrative Agency
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Administrative Agency
a federal, state, or local government agency established to perform a specific function
Administrative Law
The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
adversarial system
trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law
Bill of Rights
The first ten amendments to the Constitution
The first ten amendments to the Constitution
1.freedom speech, religion, press, assembly, petition 2.bear arms 3.no quartering soldiers 4.no unreasonable search and seizure 5.fair trial, protection against self incrimination, due process, no double jeopardy 6.right to speedy trial in criminal procedures, right to lawyer 7.right to trial in civil cases 8.no excessive punishment or bail 9.people have rights not listed 10.any power not delegated to federal government are reserved for the states
calendar
list of cases awaiting trial or settlement (docket)
case law
law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations
cause
something that brings about an effect or result [the negligent act which was the of the plaintiff's injury]
Civil Law
A legal system based on a written code of laws
code
an organized list of laws and rules
Code of Procedure
A section of FINRA (Financial Industry Regulatory Authority) rules. It describes the procedure to be used when dealing with violations or complaints related to the Conduct Rules
Common Law
a system of law based on precedent and customs
contract
a binding agreement between two or more persons that is enforceable by law
de jure
literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s
de novo
Latin, meaning "anew." a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.
Equity
a condition in which people receive from a relationship in proportion to what they give to it
Estoppels
A bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true
Federal Register
An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.
Fiduciary
a person who holds assets in trust for a beneficiary
in camera
in private, in particular taking place in the private chambers of a judge, with the press and public excluded.
in personam
Literally, "against the person." refers to courts' power to adjudicate matters directed against a party
in rem
From Latin, "against a thing." Concerning the status of a particular piece of property. refers to the power of a court over an item of real or personal property
infraction
a breaking of a law or obligation
injunction
An order which legally prevents something
inquisitorial system
trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses
Irrational Law
System in which the outcome of a case is not based on general principles and is thus unpredictable.
legislative supremacy
an alternative to judicial review, the acceptance of legislative acts as the final law of the land (Article VI, Paragraph 2 consitution)
liable
legally responsible
litigant
a person involved in a lawsuit
Natural Law
God's or nature's law that defines right from wrong and is higher than human law
ordinance
a local law
orginial jurisdiction
the power to hear a case for the first time
overrule
to reverse the ruling of a lower court
petiton
a formal request
Plantiff
a person who brings a case against another in a court of law.
Postive Law
human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group
Legal Positivism
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Private Law
regulates disputes between private individuals or groups
legal privilege
protects all communications between a professional legal advisor and his or her client
pro se
Representing oneself. Serving as one's own lawyer.
Procedural Law
Law that establishes the methods of enforcing the rights established by substantive law.
Ratio decidendi
The court's reasoning for its decision.
Rational Law
methods of legal reasoning to create law
legal remedy
In common law, a legal remedy consisted of money damages only.
res judicata
"The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.
rules of evidence
Court rules that govern the admissibility of evidence at criminal hearings and trials.
self-incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.
Specific Performance
specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party