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78 Cards in this Set
- Front
- Back
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A letter from the central government ordering a court to hear the case
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Writ
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A lawsuit about a contract
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Covenant
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Where does our law come from
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England
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What are the four sources of law
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Constitution, Statutes, Common Law, Administrative Law
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What are the three classifications of law
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Criminal/Civil
Substantive/Procedural Public/Private |
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The principle that precedent is binding on later cases
Means "let the decision stand" |
Stare Decisis
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A court order that someone stop doing something
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Injunction
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Concerns behavior so threatening that society outlaws it altogether
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Criminal Law
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Regulates the rights and duties between two parties
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Civil Law
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Defines the rights of people
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Substantive Law
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Establishes the process for settling disputes
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Procedural Law
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Refers to the rights and obligations of governments as they deal w/ the nations citizens
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Public Law
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Regulates duties between individuals
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Private Law
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Precedent Based Law
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Common Law
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Refers to lawsuits, the process of filing claims in court, and ultimately going to trial
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Litigation
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Any other formal or informal process used to settle disputes w/ out resorting to a trial
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Alternative Dispute Resolution
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6 Types of ADR
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Negotiation
Mediation Arbitration Mandatory Arbitration Mini - Trial Summary Jury Trial |
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* Fastest growing method of dispute resolution in the U.S.
Third party tries to coax both parties to voluntary settlement |
Mediation
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Third party issues a final binding decision on the outcome
Gives up rights such as Discovery and Class Action |
Arbitration
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Allows both sides to obtain evidence from opponent
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Discovery
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One injured party represents a large group of people who suffered the same harm
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Class Action
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Lawyers present facts as they would at trial to a jury of three "judges"
Two judges are executives of the feuding parties, the third is a neutral party |
Mini Trial
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Mock trial, lawyer summarizes what witnesses would say. Jury tries to reach consensus.
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Summary Jury Trial
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The courts power to hear a case
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Jurisdiction
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State Trial Courts + two types
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One judge and usually a jury
Trial courts of limited jurisdiction Trial courts of general jurisdiction |
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The party that loses the trial may appeal to this level of court.
No witnesses or new evidence |
Intermediate court of appeals
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Highest court in the state, accepts some aspects from the court of appeals
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State Supreme Court
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What two kinds of civic cases are permitted in federal court
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Federal Question Cases
- A claim based on the U.S. Constitution, a federal statute, or a federal treaty Diversity Cases When the plaintiff and defendant are citizens of different states AND when the amount in dispute exceeds $75,000 |
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Primary Court in the federal system, divided into 94 districts
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U.S. District Court
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Handles disputes brought against the UNited States
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United States Claims Court
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Divided into 11 circuits, hearing appeals from district courts
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U.S. Court of Appeals
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Hears only appeals from the district court of Washington, DC
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Court of Appeals for the District of Columbia
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13th Court of Appeals
Hears appeals from specialized trial courts |
Federal Circuit
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Must be filed by the party looking to appeal to the supreme court asking the court to hear the case
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Writ of Certiorari
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Highest Court in the country
Accepts less than 100 cases yearly |
US Supreme Court
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The documents that begin a lawsuit
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Pleadings
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Short, plain statement of the facts she is alleging and the legal claims she is making
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Complaint
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Person bringing the lawsuit must be the proper person to sue
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Standing
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A paper ordering the defendant to answer the complaint within 20 days
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Summons
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If the defendant fails to answer a summons in time the ruling is the plaintiff wins without a trial
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Default Judgement
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Tells the court and plaintiff exactly what issues are in the dispute
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Answer
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Case affects a number of people
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Class Action
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Request that the court terminate the case w/out permitting it to go further
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Motion to Dismiss
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Critical, pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponents case
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Discovery
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Written questions that the opposing party must answer, in writing, under oath
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Interrogations
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Provide a chance for one parties lawyer to question the other party or witnesses
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Depositions
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Request that the court limit the other parties discovery by decreasing the number of depositions
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Motion for Protective Order
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A formal request that the court order the other party to supply more complete answers
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Motion to compel answers to interrogatories
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A ruling by the court that no trial is necessary because there are no essential facts in dispute
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Summary Judgement
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What was the issue in the Jones vs. Clinton Case
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Was clinton entitled to summary judgement, or was jones entitled to a trial
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Presumes that by putting a witness on the stand and letting both lawyers "Go at her", the truth will emerge
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Adversary System
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The process of selecting a Jury
Means "To speak the truth" |
Voir Dire
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Claims from a lawyer that a juror has demonstrated probable bias
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Challenge for Cause
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A statement by each attorney summarizing the proof he or she has to offer. the plaintiff goes first
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Opening statement
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The plaintiff must convince the jury that its version of the case is correct; the defendant is not obligated to disprove the allegations
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Burden of Proof
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The level of proof that a plaintiff must meet to prevail in a civil lawsuit. it means that the plaintiff must offer evidence that is slightly more persuasive than the defendants
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Preponderance of the evidence
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When a lawyer asks questions to their own witnesses
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Direct Examination
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When a lawyer asks questions to an opposing witness
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Cross examination
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A ruling that the plaintiff has entirely failed to prove some aspect of their case
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Directed verdict
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A violation of a duty imposed by the civil law
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Tort
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Three elements to intentional torts
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Act
Intent & Causation Injury/Damages |
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Refers to false statements that harm someones reputation
Libel - written Slander - Oral |
Defamation
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A fact that a plaintiff must prove to win a lawsuit
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Element
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Words likely to harm another persons reputation
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Defamatory Statement
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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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Opinion
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The defendant knew the statement was false or acted w/ wreckless disregard for the truth
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Actual Malice
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Defendants receive additional protection from defamation cases when it is important for them to speak freely
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Privilege
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Exists in courtrooms and legislative hearings. Anyone speaking there, such as a witness in a trial, can say anything at all and never be sued for defamation
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Absolute Privilege
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Exists when two people have a legitimate need to exchange information
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Qualified Privilege
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The intentional restraint of another person w/out reasonable cause and without consent
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False Imprisonment
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Results from extreme and outrageous conduct that causes serious emotional harm
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Intentional Infliction of Emotional Distress
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An intentional touching of another person in a way that is unwanted or offensive. Intention to injure is not needed
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Battery
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Occurs when a defendant does some act that makes a plaintiff fear imminent battery
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Assault
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Injuring another person by deliberate deception
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Fraud
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An amount that the court believes will restore the plaintiff to the position he was in before the defendants conduct cause injury
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Compensatory Damages
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Results from intentional behavior that is extreme and outrageous
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Punitive Damages
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If false information portrays the plaintiff in a way that most people would find offensive
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False Light
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When a persons image or voice is used for commercial purposes without their permission
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Commercial Exploitation
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