Untitled Flashcards Set

Constitutional Law

The supreme law of the land, outlines the structure of federal government, and protects civil rights and liberties.

Statutory Law

Laws passed by legislative bodies, which can be unique to each state or uniform across states.

Administrative Law

Regulations created by governmental agencies, providing rules for specific situations.

Case Law

Law established by the outcome of former court decisions; also known as common law.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Precedent

A previous case or legal decision that serves as an example or rule for future cases.

Supremacy Clause

The clause in the Constitution stating that federal law takes precedence over state laws.

Commerce Clause

The constitutional provision granting Congress the power to regulate interstate commerce.

Full Faith and Credit Clause

Mandates that states honor the public acts, records, and judicial proceedings of every other state.

Privileges and Immunities Clause

States cannot discriminate against citizens of other states and must grant them the same rights as their own citizens.

Due Process

The legal requirement that the state must respect all legal rights owed to a person.

Equal Protection

The principle that individuals in similar situations must be treated equally by the law.

Federal Question

A legal issue that involves the interpretation of the Constitution or federal laws.

Diversity Jurisdiction

The ability of federal courts to hear cases where the parties are from different states.

Arbitration

A method of resolving disputes outside of court, where an arbitrator makes a binding or non-binding decision.

Mediation

A form of alternative dispute resolution where a neutral party helps facilitate a settlement between disputing parties.

Long Arm Statute

A law that allows courts to reach beyond their physical borders and demand a court appearance from a person or business.

Discovery

The pre-trial process by which parties obtain evidence from one another.

Complaint

The initial pleading that starts a lawsuit, outlining the plaintiff's claims against the defendant.

Service of Process

The delivery of legal documents to a party in a lawsuit.

Pre-Trial Conference

A meeting of the parties and the judge before a trial to discuss the case and potentially settle it.

Voir Dire

The selection process of jury members through questioning to determine their suitability.

Appellate Jurisdiction

The authority of a court to review and revise the decision of a lower court.

Trial Court

A court where cases are first heard and decided; the initial level of the court system.

Binding Arbitration

A form of arbitration where the parties are required to comply with the decision made by the arbitrator.