Law Terminology
Indictment | criminal accusation that a person has committed a crime Court-issued statement that formally charges an individual with crime |
Discovery phase | Occurs when each side learns about the case and attempts to form its argument → interviewing witness |
Pleadings | Initial papers filed in a lawsuit that explain each side of the argument |
Appeals | After the trial has ended, one side asked for a review of the decision by pointing out errors in the reading |
Appellate | appeal |
Litigation process | pleading → pretrial → trial → appellate no post trials |
Substantive laws | govern how society members behave |
Arbitration | Involves a judgement, pass down a decision about the evidence given, is a binding process that replaces trial Private, consensual, neutral, final and binding |
Mediators | Guide discussion and resolve conflict, involves a third party |
Provision | account that records present liability of an entity |
Acquittal | when a jury finds that a person is not guilty of a tort or crime |
Probate courts | deal with cases involving wills and estates |
Concession | something that one party gives up during a negotiation |
Preponderance of evidence | proof of wrongdoing |
Due process | a person's right to be heard in court |
Statue of reasonable doubt | jurors must determine the defendant's guilt or innocence by considering the evidence presented during the trial |
Duress | exerting unreasonable pressure on someone to take specific action |
Habeas corpus | legal petition, objection to imprisonment procedures and policies |
Circumstantial evidence | data that is difficult to verify beyond a reasonable doubt |
Eminent domain | law that allows the government to take private property for public use, but it must compensate the property owner |
Injunction | a court order that states that a defendant must stop engaging in a specific activity. Prevent trade secrets |
Non-compete contract | agreement between an employee and his/her employer stating that s/he will not work for a competitor if the employee leaves the company or is fired |
Antitrust | promote competition among businesses and prevent the formation of monopolies - make certain selling activities illegal |
Full disclosure | Exposure, transparency → financial statements or documents should include all the info that is necessary for documents to be understood |
Legally binding contracts | Clearly outline an agreement → disputes and litigation can be avoided |
Legal tender | = currency ex. Bonds |
Master-servant | Agency relationships in law |
Private law | A business’s rules for its employees |
Concurrent jurisdiction | Authority a court has to resolve the issue |
Voir dire | term that describes the process of selecting members of a jury for trial |
Dissolution | Nullifies a contract b/w parties |
Online dispute resolution forums | Used to settle e-commerce conflicts → cost-efficient and timely b/c the plaintiff and defendant are often in physically distance locations → web’s international reach, precedent for cyber cases traditional courts hear |
Deposition | Witness’s testimony that is taken and recorded outside of the courtroom |
Summons | Court’s formal request for a person to perform a specific activity |
Procedural laws | Make sure legal process is consistent and fair written rules that govern the way that substantive laws are enforced |
Transfer risk | Statement that indicates that the team is not liable |
Legal procedure | process of reviewing disputes or claims and resolving them |
International law | govern behaviour and relations among nations, citizens, visitors, businesses - reflect combination of sources - treaties, individual laws of each nation + organizations |
Equitable remedies | performing or not performing certain activities rather than awarding money damages |
Quota programs | serve as unlawful infringement on the rights of majority groups |
Court website | rules, forms (pretrial) and decisions + contact names, driving directions, telephone numbers |
Consitiutions’s sixth amendment | The defendant (accused) has the right to request a jury trial |
Consideration | what one party gives or receives in exchange for something |
Grand jury | convenes to review the evidence and information about a situation or case |
Care | tort duty that requires people to behave in a socially acceptable and responsible manner - a person's duty of due care |
Secondary liable | on a negotiable instrument requires drawers and endorsers to fulfill the contract if makers and acceptors (primary liable) dishonor it |
Bilateral contract | legally valid if both parties promise to perform certain activities or fulfill obligations |
Trademark | must be used for commerce (business) activities if applied with the government |
Indicator of economic health | number of orders for durable goods, the gross domestic product, industrial production levels, rate of inflation, number of new jobs, and the number of housing starts |
Federal statutes | Laws that are written and passed by the U.S. Congress - source of primary law |
U.S. Constitution | Supreme primary source of law, basis upon which other sources develop, implement, enforce, and interpret various types of laws |
State laws and administrative agencies | sources of primary law |
U.S. Supreme Court | interprets laws |
Regulations | dictate how laws will be enforced |
Express authority | principal gives specific directions often in writing to the agent who is handling certain business matters for the principal |
Government regulation | monetary and fiscal additional expense and inefficiency |
Inevitable disclosure | workers are likely to share their current employers' trade secrets with future employers. |
Professional liability insurance | limits financial losses that occur if a client files a lawsuit against a business professional |
Workers' compensation insurance | provide benefits to employees who are injured on the job. |