Comm Law

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Plaintiff

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the party who brings the lawsuit in trial court

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Defendant

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party that is sued or accused in trial court

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Appellant

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the party who appeals a court’s decision requesting that a higher court the ruling or the rulings of a lower court

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Respondent

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A defendant in a lawsuit in an appeals

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Pleading

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a formal argument submitted to the court

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Verdict

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a decision on a disputed issue in a civil or criminal case or an inquest

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Motion of dismiss

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A motion asking the judge to throw out one or more claims or an entire lawsuit.

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Demurrer

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An objection that an opponent's point is irrelevant or invalid, while granting the factual basis of the point.

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Damages

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compensation recovered by a plaintiff from a defendant

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Common Law

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common understanding of citizens, made by the people
* ie: common law marriage ( ie commonwealth of Virginia)
* customs and values of people that have become laws

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Equity Law

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deals with what is fair, and will be resorted to when the issue can't be resolved through money damages (ie: restraining order)

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Statutory Law

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law adapted by legislative bodies. For the most part deals with state laws. governed by the state and subject to the state. Ie: gay rights & immigration are statutory laws
o state agency driven (state agencies have the power to make & enforce laws)

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Constitutional Law

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laws set forth by the constitution
(ie: Freedom of Speech etc…)

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Executive Order

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an order issued by the president or governor has the force of law

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Administrative Law

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law regulated by federal agencies
ie: arguing a parking ticket at the DMV as opposed to the courthouse (FDA, FCC, Census Bureau, Social Security)

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Stare Decisis

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let the decision stand; the policy of courts to abide by or adhere to principles established by decisions in earlier cases

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Precedent

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court decision that is cited as an example or analogy to resolve similar questions of law in later cases. (serves as a case to follow)

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Invasion of Privacy

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the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.

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libel

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the written or broadcast form of defamation/an untruth about another which will do harm to that person or his/her reputation

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slander

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oral defamation/an untruth about another which will do harm to that person or his/her reputation

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indictment

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written charges by the court
- you are charged
- to see what you're up against
(criminal court)

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arraignment

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- when a party pleas guilty or not guilty (arraignment is not the trial)
- also used to exchange evidence (criminal court)

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jury

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shorter
(criminal & civil)

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grand jury

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examine the validity of an accusation before trial.

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Writ of Certiorari

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formal process/request to take a trial to the supreme court

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Citation

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locates legal authority similar to a cite. Tells you how to locate a case like dewey decimal system ie: 198 N.Y. 216 (1999)

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Supersede

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to take the place of, as by reason of superior worth or right.

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overrule

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response to the status of an objection.

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modify

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A change or alteration in existing materials.

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Affirm

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what an appeals court does if it agrees with and confirms a lower court's decision.

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Remand

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to send back to trial court

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Reverse

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to overthrow, invalidate, repeal or revoke in higher court. does not go back to a lower court

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case reporter

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series of books that contain judicial opinions from a selection of case law decided by courts

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injunction

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a halt to all activity while a judge reviews it (similar to a restraining order)

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Concurring Opinion

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an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasonin

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Dissenting Opinion

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an opinion that disagrees with the court's disposition of the case.

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Majority

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the opinion joined by a majority of the court

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Plurality

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opinion that most agree on.When the majority judicial opinions agree on the same verdict for different legal premises.

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strict scrutiny

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Highest constitutional burden for the supreme court

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indicted

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Formally accuse or charge (someone) with a serious crime

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jury

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give a verdict in a legal case on the basis of evidence submitted to them in court.

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arraignment

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a legal document calling someone to court to answer an indictment.

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pre-trial hearing

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a meeting with the judge that happens before trial, if the parties have not come to an agreement by that point.

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viewpoint-based discrimination

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limitations on speech, where allowed, must be no greater than necessary, and must be "viewpoint neutral."

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time, place & manner

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government can control where, when & how you exercise your constitutional rights

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intermediate scrutiny

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refers to a test used in some contexts to determine the constitutionality of a law

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strict scrutiny

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the toughest standard that a court will use to review a given law or a specific situation

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public forum

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public property that is open to public expression

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private property

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property owned by citizens

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fighting words doctrine

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words said that have the reason to instigate a fight

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public figure v. private figure v. public official

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public figure is well known, public official works in public office, private figure lack social influence

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actual malice

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must be proven to claim defamation for public figures

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negligence

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must be claimed for defamation for private figures

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tort

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a civil wrong that requires compensation for damages as a result of negligence. (drunk driving)

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publication

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he distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership

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scienter

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intent or knowledge of wrongdoing

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trade libel

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A published false statement that is damaging to a person's reputation AND career

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reckless disregard for truth

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knowing something is false & still publishing it

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actual malice

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knowing something is false & still publishing it