Buisness Law I

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Law

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the order or pattern or rules that society establishes to govern the conduct of individuals and the relationship among them

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Right

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legal capacity to require another person to preform or refrain from an action

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Duty

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an obligation of law imposed on a person to perform or refrain from performing a certain act

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Right of Privacy

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the right to be free from unreasonable intrusion from others

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Constitution

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a body of principles that establishes the structure of a government and the government to the people who are governed

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Statutory Law

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legislative act declaring, commanding, or prohibiting something

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Administrative Regulations

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rules made by state and federal administrative agencies

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Private Law

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the rules and regulations parties agree to as part of their contractual relationships

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Case Law

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law that includes principles that are expressed for the first time in court decisions

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Precedent

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a decision of a court that stands as the law for a particular problem in the future.

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Stare Decisis

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"let the decision stand" ; (the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future

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Common Law

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the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts

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Substantive Law

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the law that defines rights and liabilities

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Procedural Law

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the law that must be followed in enforcing rights and liabilities

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Equity

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the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England

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Court

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a tribunal established by government to hear and decide matters properly brought to it

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Jurisdiction

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the power of a count to hear and determine a given class of cases; the power to act over a particular defendant

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Subject Matter Jurisdiction

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judicial authority to hear a particular type of case

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Original Jurisdiction

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the power to hear and decide most controversies involving legal rights and duties

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Limited (special) Jurisdiction

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the authority to hear only particular kinds of cases

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Appellate Jurisdiction

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the power of a court to hear and decide a given class of cases on appeal from another court of administrative agency

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Appeal

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taking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct.

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Reversible Error

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an error or defect in court proceedings of so serious a nature that on appeal the appellate court will set the proceedings of the lower court

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Affirm

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action taken by an appellate court that approves the decision of the court below

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Reverse

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the term used when the appellate court sets aside the verdict of judgment of a lower court

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Remand

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term used when an appellate court sends a case back to a trial court for additional hearings or a new trial

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Federal District Court

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a general trial court of the federal system

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en banc

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the term used when the full panel of judges on the appellate court hears a case

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writ of certiorari

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order by the U.S. supreme court granting a right of review by the court of a lower court decision.

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Plantiff

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party who initiates the law suit

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Prosecutor

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party who originates a criminal proceeding

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Defendant

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party charged with a violation of civil or criminal law in a proceeding

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Judge

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primary officer of the court

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Attorney Client Privilege

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right of an individual to have discussions with his/her attorney kept private and confidential

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Jury

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a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them

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Complaint

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the initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant

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Process

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paperwork served personally on a defendant in a civil case

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Answer

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what a defendant must file to admit or deny facts asserted to the plaintiff

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Motion to Dismiss

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a pleading that may be filed to attack the adverse party's pleading as not stating a cause of action or a defense

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Demurrer

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a pleading to dismiss the adverse party's pleading for not stating a cause of action or a defense

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Counterclaim

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a claim that the defendant in an action may make against the plaintiff

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Pleadings

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the papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indication of the nature of the issues

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Impeach

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using prior inconsistent evidence to challenge the credibility of a witness

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Interrogatories

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written questions used as a discovery tool that must be answered under oath

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Request for production of documents

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discovery tool for uncovering paper evidence in the case

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Motion for summary judgement

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request that the court decide a case on basis of a law only because there are no material issues disputed by the parties

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Expert Witness

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one who has acquired special knowledge in a particular field as through practical experience or study, or both, whose opinion is admissible as an aid to the trier of fact

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voir dire examination

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the preliminary examination of a juror or a witness to ascertain fitness to act as such

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opening statements

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by opposing attorneys that tell the jury what their cases will prove

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Admissibility

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the quality of the evidence in a case that allows it to presented to the jury

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Direct Examination

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examination of a witness by his or her attorney

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Cross Examination

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the examination made of a witness by the attorney for the adverse party

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Redirect Examination

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questioning after cross examination, to overcome the effects of the cross examination

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recross-examination

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examination of the apposing sides attorney after the redirect examination

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direct verdict

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a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action

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Summation

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the attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury

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Mistrial

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a court's declaration that terminates a trial and postpones it to a later date; commonly entered when the evidence has been of a highly prejudicial charterer or when a juror has been guilty of misconduct

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Instruction

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summary of the law given to jurors by the judge before deliberation begins

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judgment n.o.v.

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a judgment entered after the verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgment should be opposite of the verdict

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execution

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the carrying out of a judgment of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgment creditor