Introduction to Law and the United States Legal System

Comprehensive vocabulary flashcards covering the key terms, court structures, civil vs. criminal procedures, and alternative dispute resolution methods from the provided lecture notes.

U.S. Constitution

The foundational legal document of the United States, identified with its $27$ amendments as a primary source of law.

State Constitution

A document that establishes the basic structure and powers of an individual state's government.

Statute

A law enacted by a legislative body, such as Congress at the federal level or a state legislature at the state level.

Code

An organized collection of related statutes and laws.

Ordinance

A law enacted by a local government, such as a city or municipality.

Common Law

Law developed through judicial decisions in cases rather than created by a legislative statute; also referred to as case law.

Precedent

A prior judicial decision or earlier principle that provides authority or guidance for deciding a later case.

Stare Decisis

The doctrine or legal practice of following established precedents when interpreting laws.

Legislative Branch

The institution that creates legislation and statutes.

Executive Branch

The institution that carries out and enforces laws.

Judiciary Branch

The institution that interprets laws and resolves legal disputes.

Administrative Agencies

Entities that create and enforce legal regulations within the authority granted to them.

Plaintiff

The party who brings a civil lawsuit.

Defendant

The party being sued in a civil case or accused in a criminal case.

Attorney

The lawyer representing a party in court proceedings.

Judge / Magistrate

The judicial officer who handles proceedings and makes legal decisions.

Jury

A group of citizens who determine factual issues and reach a verdict.

Criminal Law

Law dealing with conduct prohibited by the legislature, brought by the government against a defendant to punish, fine, deter, or remove the offender under a standard of proof beyond a reasonable doubt.

Civil Law

Law aimed at resolving private disputes concerning rights and responsibilities to compensate the plaintiff, requiring a burden of proof by a preponderance of the evidence.

Misdemeanor

A less serious category of criminal offense.

Felony

A more serious category of criminal offense.

Trial Court

A court whose primary function is to determine facts in a legal dispute.

Appellate Court

A court that reviews proceedings of lower courts rather than conducting an original fact-finding trial.

Jurisdiction

The lawful power or authority of a court to decide a legal controversy.

Procedural Due Process

A constitutional principle fundamentally about fair procedures, requiring notice (date, time, place), the right to attend and participate, assistance of legal counsel, subpoena power, cross-examination, and a fair and impartial tribunal.

Personal Jurisdiction

The court's authority over the specific person or party involved in a case.

Subject-Matter Jurisdiction

The court's authority to hear a particular type of case.

Personal Service

Method of service where legal documents are personally delivered, generally by a process server; required in criminal cases.

Certified Service

Method of service of process associated with the U.S. Postal Service.

Long-Arm Statute

A statutory provision in civil cases that permits a state court to exercise personal jurisdiction over an out-of-state defendant based on minimum contacts.

Minimum Contacts

The requirement that a defendant must have sufficient connections with a state for that state's court to exercise personal jurisdiction.

Extradition

The process associated with transferring accused individuals between jurisdictions in criminal cases.

Venue

The appropriate geographic location for a court case, described using the convenience doctrine.

Ohio Municipal Court Jurisdiction

Court handling civil cases from $\$0$ to $\$15,000$, small claims from $\$0$ to $\$3,000$, misdemeanor trials, and felony preliminary hearings.

Ohio Common Pleas Court Jurisdiction

Court handling civil cases with no monetary limitation or minimum, grand jury proceedings, and felony trials.

Affirmed

An appellate court ruling that leaves the lower court's decision in place.

Reversed

An appellate court ruling that disagrees with the lower court's decision and changes it.

Remanded

An appellate court ruling that sends the case back to the lower court for additional proceedings.

Federal Question Jurisdiction

Subject-matter jurisdiction of a federal district court over cases involving a legal issue arising under federal law.

Diversity of Citizenship

Federal court jurisdiction requiring that the litigants are residents of different states and the monetary dispute exceeds $\$75,000$.

Writ of Certiorari

The mechanism through which the Supreme Court agrees to review a lower court case.

Rule of 4

The rule specifying that $4$ Supreme Court justices must agree to grant certiorari.

Judicial Review

The power of courts to review governmental actions and determine whether they comply with the Constitution.

Majority Opinion

The court opinion representing the decision of the majority of judges/justices, establishing the controlling legal ruling.

Dissenting Opinion

An opinion written by a judge or justice who disagrees with the majority decision.

Statutory Agent

A designated agent authorized to receive legal process on behalf of a corporation.

Class Action Litigation

A lawsuit in which a representative plaintiff pursues legal claims on behalf of a larger group of people with similar claims.

Purpose of Pleadings

To establish all factual and legal issues for the court to resolve.

Complaint

The pleading that initiates a civil lawsuit by detailing the plaintiff's allegations and claims against the defendant.

Summons

An official legal notice informing the defendant that a lawsuit has been filed and requiring a response or appearance.

Answer

The defendant's written legal response to the plaintiff's complaint.

Counterclaim

A legal claim brought by the defendant against the plaintiff.

Third-Party Claim

A claim brought to bring an additional party beyond the original plaintiff and defendant into the lawsuit.

Crossclaim

A legal claim filed by one party against another party on the same side of the litigation (co-party).

Default Judgment

A judgment entered against a party who fails to respond or participate in a lawsuit within the required timeframe.

Standing

The legal requirement that a person must have a sufficient connection to and recognizable interest in a dispute to bring a lawsuit.

Case or Controversy

The requirement that courts decide actual legal disputes rather than hypothetical questions.

Moot

The status of a case when the legal dispute has ended such that a judicial decision would no longer resolve a live controversy.

Political Question

An issue that courts decline to resolve because it is committed to another branch of government or lacks manageable judicial standards.

Res Judicata

A legal doctrine specifying that a legal claim that has been finally adjudicated cannot be litigated again between the same parties.

Collateral Estoppel

A legal doctrine preventing a party from relitigating a specific issue of fact or law that was already determined in a prior proceeding.

Statute of Limitations

A statutory time limit within which a legal claim must be filed.

Tolling

A clause or provision that temporarily pauses or extends the running of a limitations period.

Exculpatory Contract Clause

A provision in a contract intended to release or limit a party's liability under specified conditions.

Summary Judgment

A pretrial court determination resolving issues or cases without a full trial when facts or legal issues are not genuinely in dispute.

Discovery

The pretrial process through which parties obtain information and evidence relevant to the case.

Deposition

A discovery method involving oral questioning of a person under oath outside the courtroom with testimony recorded.

Interrogatory

A discovery method involving written questions sent from one party to another that must be answered in writing.

Voir Dire

The jury selection process of questioning prospective jurors to determine whether they can serve fairly.

Challenge for Cause

A request to remove a prospective juror for a legally sufficient reason showing bias; unlimited in quantity.

Peremptory Challenge

A request to remove a prospective juror without providing a cause; limited in quantity.

Opening Statement

The trial phase that provides the fact-finder with an overview of what each side expects the evidence to show.

Best Evidence Rule

An evidentiary rule requiring the use of the original or best available evidence to prove the contents of a writing or record.

Hearsay

An out-of-court statement offered in court to prove the truth of what the statement asserts.

Leading Question

A question structured to suggest the desired answer, generally restricted on direct examination but permitted on cross-examination.

Subpoena

A legal command requiring a person to appear and testify or comply with legal demands.

Subpoena Duces Tecum

A legal command specifically requiring a person to produce specified documents, records, or tangible evidence.

Motion for Directed Verdict

A motion made at the close of a party's case asking the judge to terminate the jury trial due to legally insufficient evidence.

Closing Statement

The final trial argument summarizing the presented evidence to persuade the fact-finder.

Judgment N.O.V.

A post-trial request for the court to enter judgment notwithstanding the jury's verdict.

Remittitur

A post-trial procedure involving the reduction of a jury's award of damages.

Additur

A post-trial procedure involving the increase of a jury's award of damages.

Clearly Erroneous

The appellate standard of review used for reversing a trial court's factual finding.

Harmless Error Rule

The rule stating that a trial mistake does not justify reversing a judgment unless it sufficiently affected the outcome.

Garnishment

An enforcement tool allowing a creditor to obtain money owed to a judgment debtor from a third party, such as wages from an employer.

Attachment

A legal enforcement process involving the securing of property to satisfy a claim or judgment.

Execution Against Personal Property

An enforcement action directed against the debtor's movable or intangible personal property.

Foreclosure Against Real Property

An enforcement action directed against an interest in real property.

Full Faith and Credit

The principle requiring individual states to recognize qualifying judgments, public acts, and records of other states.

Mediation

An ADR method where a neutral mediator helps facilitate an agreement between parties without deciding the dispute.

Arbitration

An ADR method where a dispute is submitted to an arbitrator who hears the matter and makes a decision.