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36 Cards in this Set

  • Front
  • Back
a body of enforceable rules governing relationships among individs and between individs and their society. A set of rules that the courts will enforce.
statutues passed by municipal or county governing units to govern matters not covered by federal or state law.
a remedy available in a court of law, such as monetary damages
remedy at law
court that awarded only remedies of land, items of value, or money as compensation
court of law
a remedy allowed by courts in situations where remedies at law are not appropriate.
remedy in equity
under this doctrine, judges are obligated to follow the precedents established within their jurisdictions.
stare decisis
a federal or state statutue setting the max time period during which a certain action can be brought or certain rights enforced.
statute of limitations
laws enacted by legislastive odies at andy level of gov't, such as the statutes passed by congress or by state legistlatures
statutory law
a model law created by the national conference of commissioners on uniform state laws and/or the american law institute for the states to condier adopting.
uniform law
when both fed and state courts have the power to hear a case, as is true in suits involving diversity of citizenship
concurrent jurisdiction
when cases can be tried only in fed courts or only in state courts. fed courts have exclusive jurisdiction in cases involving fed crimes, bakruptcy, patents, and copyrights; in suits against the US.
exclusive jurisdiction
a question that pertains to the US constitution, acts of congress, or teraties. a fed question provides a basis for fed jurisdiction
fed question
court jurisdiction over the "person" involved in a legal action; personal jurisdiction
inpersonam jurisdiction
court jurisdiction over a defendant's property
in rem jurisdiction
the authority of a court to hear and decide a specific action. "the power to speak the law"
a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. a defendant must have "min contacts" with taht state for the statute to apply
long arm statute
in a lawsuit, an issue involving a factual dispute that can only be deicded by a judge
question of fact
in a lawsuit, an issue involving the application or interpretation of a law; therefore the judge, and not the jury, decides the issue
question of law
a response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. an example is the running of the statute of limitations
affirmative defense
a judgment enetered by a court against a defendant who as failed to appear in court to answer or defend against the plaintiff's claim
default judgment
the delivery of the complaint and summons to a defendant
service of process
the process in which the attorney's question prospective jurors to determine whether they are biased or have any connection wiht a aprty to the action or with a prospective witness
voir dire
permits congress to regulate commerce with foreign nations, and among the several states and with the indian trives. its had a greater impact on buisness than any other provision in the constitution. it (CLAUSE) provides the basis for hte national gov'ts extensive regulations of state and even local firms
commerce clause
(CLAUSE)no personal shall be deprived of life, liberty, or property, w/o due process of law
due process clause
(CLAUSE)a state may not deny to any person within its jurisdiction the equal protection of the laws.
equal protection clause
(CLAUSE)prohibits congress from creating any law repecting an establishment of religion
establishment clause
(CLAUSE) prohibits congress from making any law proghibitng the free exercise of religion
free exercise clause
(CLAUSE) applies only to civil matters. it ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states. contributed to the unity of american citizens because it protects their legal rights as they move about from state to state
full faith and credit clause
(CLAUSE)it requires a particulkar description of whatever is to be searched or seized. the officers must have trustworthy evidence that would convince a reasonable person that the proposed search or seizure is more likely justified than not.
probably cause
(CLAUSE)the right of the people to be secure in their persons, houses, papers, and effects.
search warrant
(CLAUSE)states that the constitution, laws, and treates of the US are the supreme law of the land
supremacy clause
capable of serving as the ground for a lawsuit
a defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger
assumption of risk
those people, such as customers or clients, who are invited onto business premises by the owener of those premises for buesiness purposes
business invitee
a theory in tort law under which the liability for injuries resutlting from negligent acts is shared by all parties who were negligent, on the basis of each person's proprotionate neglignect
comparative negligence
a theory in tort law under which a complaining party's own negligence contributed to or cuased his or her injuries. its an absol;ute bar to recover in a minorty or jurisdictions
contributory negligence