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82 Cards in this Set
- Front
- Back
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Precedent
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requires that judges decide current cases based on previous rulings
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common law
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the accumulation of precedent based on case after case makes up common law ie judge made law
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statute
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a law passed by a legislative body
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writ
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a latter from the central government ordering a court to hear a case
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substantive rules of law
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state the rights of the parties
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procedural rules
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tell how a court should go about settling disputes
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equity
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a court's power to fashion a remedy such as an injunction which the common law does not provide
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stare decisis
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means "let the decision stand"; the principle that precedent is binding on later cases
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injunction
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a court order that someone stop doing something
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criminal law
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prohibits certain behavior that threatens society
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civil law
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regulates the rights and duties between parties
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substantive law
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defines the rights of the parties
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procedural law
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establishes the processes for settling disputes
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public law
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refers to the rights and obligations of governments as they deal with the nation's citizens
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private law
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regulates the duties between individuals
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jurisprudence
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the philosophy of law
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sovereign
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the recognized political power whom citizens obey
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legal positivism
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law is that the sovereign say
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natural law
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an unjust law is not law at all
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legal realism
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who enforces the law counts more than what is in writing
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litigator
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a lawyer who handles court cases
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litigation
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the process of filing claims in court and ultimately going to trial
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alternative dispute resolution
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any other formal or informal process used to settle disputes without resorting to trial
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class action
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a suit in which one injured party represents a large group of people who have suffered similar harm
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appellant
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the party filing the appeal
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appellee
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the party opposing the appeal (because it won at trial)
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briefs
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written arguments of the case
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federal question case
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a case in which the claim is based on the United States constitution, a federal statute, or a federal treaty
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diversity jurisdiction
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the plaintiff and the defendant are citizens of different states and the amount in dispute is more than $75,000
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pleadings
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the documents that begin in a lawsuit (the complaint, answer and sometimes a reply)
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default judgement
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a decision that the plaintiff wins without a trial because the defendant failed to answer in time
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class action
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one plaintiff represents the entire group of plaintiffs including those who are unaware of the lawsuit or even unaware they were harmed
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interrogations
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written questions that the opposing party must answer in writing under oath
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depositions
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provide a chance for one's lawyer to questions the other party or potential witness under oath
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deponent
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the person being questioned
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motion for a protective order
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a request that the court limit recovery
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summary judgement
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a ruling by the court that no trial is necessary because some essential facts are not in dispute
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voir dire
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the process of selecting a jury
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challenges for cause
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a claim that a juror has demonstrated probable bias
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peremptory challenges
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the right to excuse a juror for virtually any reason
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preponderance of the evidence
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the plaintiffs burden in a civil lawsuit
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beyond reasonable doubt
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the government's burden in a criminal prosecution
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cross-examine
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to ask questions of an opposing witness
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directed verdict
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a ruling that the plaintiff has entirely failed to prove some aspect of her case
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judgement non obstante veredicto
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a judgement not withstanding the jury's verdict
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affirm
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to allow the decision to stand
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modify
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to affirm the outcome but with changes
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reverse and remand
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to nullify the lower decision and return the case for reconsideration on retrial
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reverse
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to turn the loser into the winner
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harmless error
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a mistake by the trial judge that was too minor to affect the outcome
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tort
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wrong; a violation of a duty imposed by the civil law
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intentional torts
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harm caused by a deliberate action
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negligence and strict liability
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injuries cause by neglect and oversight rather than by deliberate conduct
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defamation
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concerns false statements that harm someone's reputation
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libel
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written defamation
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slander
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oral defamation
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element
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a fact that a plaintiff must prove to win a lawsuit
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elements in a defamation case
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defamatory statement, falseness, communicated, injury
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opinion
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is generally a valid defense in a defamation suit because it cannot be proven true or false
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actual malice
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the defendant knew the statement was false or acted with reckless disregard of the truth
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absolute privilege
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a witness testifying in a court or legislature may never be sued for defamation
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qualified privilege
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exists between two people who have a legitimate need to exchange information
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false imprisonment
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the intentional restraint of another person without reasonable cause and without consent
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intentional infliction of emotional distress
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results from extreme and outrageous conduct that causes serious emotional harm
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battery
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an intentional touching of another person in a way that is unwanted or offensive
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assault
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occurs when a defendant does some act that makes a plaintiff fear imminent battery
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conversion
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taking or using someone's personal property without consent
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fraud
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injuring another person by deliberate deception
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single recovery principle
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requires a court to settle the matter one and for all by awarding a lump sum for past and future expenses
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punitive damages
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intended to punish the defendant for conduct that is extreme and outrageous
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tortious interference with a contract
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the defendant improperly induced a third party to breach a contract with the plaintiff
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tortious interference with a prospective advantage
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malicious interference with a developing economic relationship
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intrusion
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a tort if a reasonable person would find the invasion of her private life offensive
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five elements to win a negligence case
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duty of due care, breach, factual cause, foreseeable harm, injury
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dram acts
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make businesses liable for serving drinks to intoxicated customers who later cause harm
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licensee
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such as a guest, is entitled to a warning of hidden dangers
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invitee
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who has the right to enter the property, is entitled to reasonable care from the landowner
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re ipsa loquitar
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the facts imply that the defendant's negligence caused the accident
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contributory negligence
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if the plaintiff is even slightly negligent they recover nothing
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comparative negligence
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a plaintiff may generally recover even if they're partially responsible
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strict liability
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a higher level of liability resulting from ultrahazadous acts or defective products
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warranty
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a contractual assurance that goods will meet certain standards
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