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31 Cards in this Set

  • Front
  • Back
Civil-law system
A basic legal system that relies on scholarly interpretations of codes & constitutions rather than court interpretations of prior court decisions, as in common-law systems.
Doctrine of stare decisis
A method of case resolution in which courts follow earlier court decisions when the same issues arise again in law suits. "To stand by things decided."
Equity
Fairness, or a body of principles constituting what is fair & right.
Criminal law
A classification of law that applies to acts that society deems so harmful to public welfare that government is responsible for prosecuting and punishing the perpetrators.
Civil law
A classification of law that applies to legal matters not governed by criminal law and that protects rights & provides remedies for breaches of duties.
Substantive law
A classification of law that creates, defines, and regulates parties rights, duties, & powers.
*What is the law*
Procedural law
A classification of law that prescribes the steps or processes for enforcing the rights and duties defined by substantive laws.
*How it applies*
Jurisdiction
The power of a court to decide cases of a certain type or within a specific territory.
Commerce Clause
The provision of the U.S. constitution that gives Congress the power to regulate commerce (trade) w/ foreign nations & among the states (interstate commerce).
Due Process Clause
5th Ammendment of the U.S. Constitution guaranteeing notice and a hearing before the federal government can deprive any person of life, liberty, or property & the 14th ammendment extension of these same requirements to state government actions.
Equal Protection Clause
Part of the 14th Ammendment prohibiting state laws that discriminate unfairly or arbitrarily & requiring equal treatment to all persons under like circumstances & conditions.
Guest statute
A law requiring a passenger who has been injured in a vehicle accident and is seeking to recover damages to establish that the accident resulted from the driver's gross negligence.
National Association of Insurance Commissioners (NAIC)
An organization established to promote uniformity in regulation among states, exchange regulatory info & coordinate responses to changing conditions in the insurance market place.
Original jurisdiction
The power of a court in which cases are initiated to hear those cases.
Appellate jurisdiction
The power of a court to hear appeals from another court.
General jurisdiction
The power of a court to hear a variety of types of cases.
Diversity jurisdiction
The authority of a federal district courts to hear cases involving parties from different states that involve amounts in controvery over a legal minimum.
Appellate court
An appeals court at any level of government.
Writ of certiorari
An appelate court's order directing a lower court to deliver its record in a case for appellate review.
Conflicts of law
A body of law that resolves questions when states' laws conflict.
Forum state
The state in which a party sues.
Administrative law
The body of law, including agency rules, regulations & adjudicatory rulings, created by governement agencies.
Allegation
A claim that a party to a lawsuit asserts & expects to prove.
Complaint
Allegations made by the party starting a lawsuit.
Plaintiff
The party who starts a lawsuit by filing a complaint.
Defendant
The party in a law suit against whom a complaint is filed.
Pleading
A formal written statement of a party's claim filed w/ a court as part of a law suit.
Cause of action
A plaintiff's legal grounds to sue a defendant.
Answer
A document filed in court by a defendant responding to a plaintiff's complaint & explaining why the plaintiff should not win the case.
Counterclaim
A complaint filed by a defendant against a plaintiff in a lawsuit.
Motion
A party's formal request for a particular action from a court.