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29 Cards in this Set

  • Front
  • Back
Precedent
The obligation to decide current cases based on previous rulings
Common Law
judge-made law
Statutes
a law passed by a legislative body
Stare Decisis
"let the decision stand"
State Legislative passes
statutes on state law, creates state agencies
Governors and presidents propose
statutes, signs or vetoes statutes, oversees state agencies, issues executive orders.
Congress passes
statutes, ratifies statutes, creates administrative agencies
Federal Courts in, interpret
statutes, create federal common law, review the constitutionality of statutes and other legal acts
Criminal Law
Prohibits certain behavior
Civil Law
regulates the rights and duties between parties
Substantive Law
defines the rights of the parties.
Procedural Law
establishes the processes for settling disputes
Ethics
The study of how people ought to act
Litigation
The process of filing claims in court and ultimately going to trial.
Dispute Resolution
any formal or informal process used to settle disputes without resorting to a trial.
Majority of disputes are resolved this way
Negotiations
The Fastest growing method of dispute resolution
Mediation
A neutral party attempts to coax the two disputing parties toward a voluntary settlement
mediation
Trial Courts
determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.
Jurisdiction
a courts power to hear a case
Appeals Court
generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law
Error of law
appeals court may require a new trial
Appellant
party filing the appeal
Appellee
party opposing the appeal.
Diversity Jurisdiction
The plaintiff and defendent are citizens of different states and the amount of the disputes exceeds 75,000
Federal question
a case in which the claim is based on the united states constitution, a federal statute, or a federal treaty,
If no federal law is at issue federal courts have
Diversity jurisdiction
Motion
a formal request to the court to take some step or issue an order
Discovery
the Pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.