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Common Law

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The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

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Strict Scrutiny

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If a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to “strict scrutiny” by the courts. A classification based on a suspect trait—such as race, national origin, or citizenship status—will also be subject to strict scrutiny. Under this standard, the classification must be necessary to promote a compelling government interest

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Intermediate Scrutiny

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Another standard, that of “intermediate scrutiny,” is applied in cases involving discrimination based on gender or legitimacy.

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Constitutional Law

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The body of law derived from the U.S. Constitution and the constitutions of the various states.

deals with the fundamental principles by which the government exercises its authority is the law as expressed in these constitutions (

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Bill of Rights

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The first ten amendments to the U.S. Constitution.

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Due Process Clause

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The provisions of the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. State constitutions often include similar clauses.

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Primary Source of Law

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A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.

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Secondary Source of Law

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A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.

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Sources of American law

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• The U.S. Constitution and the constitutions of the various states.

• Statutory law including laws passed by Congress, state legislatures, and localgoverning bodies.

• Regulations created by administrative agencies, such as the federal Food and DrugAdministration.

• Case law (court decisions)

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Commerce Clause

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The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.

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Due Process Clause

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The provisions of the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. State constitutions often include similar clauses.

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Free Exercise Clause

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The provision in the First Amendment that prohibits the government from interfering with people’s religious practices or forms of worship.

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Equal Protection Clause

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The provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner.

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Establishment Clause

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The provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

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Supremacy Clause

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The provision in Article VI of the U.S. Constitution that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.”

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Preemption

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A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

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Binding Authority

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Any source of law that a court must follow when deciding a case

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Persuasive Authority

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Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

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Natural Law

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The oldest school of legal thought, based on the belief that the legal system should reflect universal (“higher”) moral and ethical principles that are inherent in human nature.

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Historical School

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A school of legal thought that looks to the past to determine what the principles of contemporary law should be.

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Legal Realism

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A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account.

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Civil Law

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The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

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Criminal Law

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The branch of law that defines and punishes wrongful actions committed against the public.

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Civil Law System

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A system of law derived from Roman law that is based on codified laws (rather than on case precedents).

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Jurisdiction

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The authority of a court to hear and decide a specific case.

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Jurisdiction in latin

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In Latin, juris means “law,” and diction means “to speak.” Thus, “the power to speak the law”

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Jurisdiction over Persons or Property

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Generally, a court with jurisdiction over a particular geographic area can exercise personal jurisdiction (in personam jurisdiction) over any person or business that resides in that area.

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Jurisdiction over Subject Matter

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Jurisdiction over subject matter is a limitation on the types of cases a court can hear. In both the federal and state court systems, there are courts of gen- eral (unlimited) jurisdiction and courts of limited jurisdiction. An example of a court of general jurisdiction is a state trial court or a federal district court

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in rem jurisdiction, or “jurisdiction over the thing."

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A court can also exercise jurisdiction over property that is located within its boundaries.

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Probate Court

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A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

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Bankruptcy Court

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A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

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Federal courts

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have exclusive jurisdiction in cases involving federal crimes, bankruptcy, most patent and copyright claims, suits against the United States, and some areas of admiralty law.

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Concurrent Jurisdiction

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The jurisdiction that exists when two different courts have the power to hear a case.

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Exclusive Jurisdiction

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Jurisdiction that exists when a case can be heard only in a particular court or type of court.

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Venue

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The geographic district in which a legal action is tried and from which the jury is selected.

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Alternative Dispute Resolution (ADR)

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The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.

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Negotiation (resolution 1)

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A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

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Mediation (resolution 2)

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A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

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Arbitration (resolution 3)

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The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.

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Tort A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

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A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.