Real Estate Law Chapter 1 Vocabulary

Law is a body of rules of action or conduct prescribed by controlling authority with binding legal force, subject to sanctions if disobeyed.
Public Law concerns the government and its relations with individuals, defining, regulating, and enforcing rights where a government agency is a party (e.g., real estate licensing, clean air standards).
Private Law governs relationships between individuals, including contracts, property, and torts.
The law of property regulates the ownership, employment, and disposition of real property, as well as tangible and intangible property.

U.S. and State Constitutions: The U.S. Constitution is the supreme law of the land. The Fifth Amendment requires just compensation for land taken for public purposes, and the 14th Amendment guarantees due process. State constitutions provide additional provisions, such as homestead exemptions from general creditors.
Federal and State Statutes: Laws enacted by legislative bodies (e.g., U.S. Congress, state legislatures). Examples include the Fair Housing Act and Real Estate Settlement Procedures Act. Statutes prevail over conflicting judicial decisions.
Administrative Law: Rules, regulations, orders, and decisions created by federal, state, and local agencies through rule-making in sources like the Federal Register.
Common Law: Principles derived from English court decisions, relying on stare decisis (abiding by previously decided cases) for stability, predictability, and flexibility. Governs issues such as trespass and nuisance.
Equity: Justice administered according to fairness to temper strict rules of common law. Provides remedies like injunctions (prohibiting entry to land) and specific performance (ordering a defendant to perform a specific act, such as completing a real estate contract).

Jurisdiction: The authority of a court to hear a case, decide facts, apply the law, and enter judgment.
Res Judicata: Principle that once a suit has been decided, the involved parties may not bring suit again regarding the same matter.
Substantive Law: Law that creates or defines legal rights.
Procedural Law: Law that provides a legal process for enforcing rights.

State Court System: Structured from lowest to highest as Trial Courts (general and limited jurisdiction) -> Intermediate Appellate Courts (reviews trial records without holding new trials) -> State Supreme Court.
Federal Court System: Structured as U.S. District Court (trial level) -> U.S. Courts of Appeal (13 circuits) -> United States Supreme Court.
Diversity Jurisdiction: Federal court authority to hear cases involving parties from different states.

Stage 1: Commencement of Legal Action - Plaintiff files a complaint.
Stage 2: Defendant's Response - May include an answer, counter-suit, motion to dismiss, or motion for summary judgment.
Stage 3: Discovery - Pre-trial process involving Depositions, Interrogatories, Subpoenas Duces Tecum, and Requests for admission.
Stage 4: Trial - Consists of Opening Statements, Direct Examination, Cross-Examination, Motion for Directed Verdict, Motion for J-NOV, and the Jury Verdict.
Stage 5: Appeal - Review of trial proceedings by an appellate court.
Stage 6: Enforcement - Executing judgment using tools such as a Writ of Execution or Garnishment (satisfying debt from the losing party's property).

Settlements: Voluntary agreements by parties to terminate all or part of a lawsuit.
Arbitration: Submission of a dispute to a neutral third party who renders a decision.
Mediation: Process where a neutral third party encourages disputing parties to reach a voluntary settlement.