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116 Cards in this Set

  • Front
  • Back
administrative agency
governmental subdivision charged with administering legislation that applies to a particular industry.

Food and Drug Administration
administrative law
laws that define powers, limitations and procedures of admin agencies.
assault
tort of intentionally putting someone in fear of harmful physical contact (making a fist in a way suggestive of an imminent punch). Also, the crime of intentionally causing physical injury to another person
casebooks
books where decisions are published
cases
written decisions by judges
civil law
law applicable to legal wrongs othe than crimes
common law
consists of legal rules that evolved from decisions of judges and from custom and practice.
compensatory damages
money given to compensate for injuries. Includes out of pocket expenses (medical bills,lost wages) and pain and suffering (physical distress or mental anguish, loss of enjoyment of life)
congress
the primary law-making body of the federal government
constitutional law
the law embodied in the fed constitution, prescribing the organization and powers of the fed gov, and defining rights of the ppl.
contract
an agreement between 2 or more ppl that is enforceable in court
criminal law
wrong considered to be inflicted on society (murder, rape, robbery) punishments
damages
the remedy sought by the injured party in a civil case
decision
an interpretation of the law and/or facts applied by a judge to a set of facts in a given case
delegated powers
expressly allocated to the federal gov in the constitution
facts
objective information about circumstance that exist and/or events that have occured
fraud
intentionally untruthful statement made to induce reliance by another person or for the purpose of misleading someone, usually for personal gain
interstate commerce
business affecting more than one state
issue
a legal question that the parties have asked the judge to resolve
law
rules, enforceable in court, requiring people to meet certain standards of conduct
legislative process
process where the fed gov (congress) adopts law
legislature
law-making body whose members are elected of office by the citizens
negligence
breach of a legal duty to act reasonably that is the direct cause of injury to another.
ordinance
law adopted by local legislature
precedents
a court decision that becomes a basis for deciding future cases.
probation
system where criminal offenders remain out of jail but are supervised by a probation officer
punitive damages
also known as exemplary damages, money awarded to a plaintiff over and above compensatory damages, to punish or make an example of the defendant. They are awarded only in cases where the defendant's wrongful acts are aggravated by violence, malice, or fraud
reasoning
basis and rationale used in determining legal issues in a court case
regulations
laws adopted by admin agencies
stare decisis
"the matter stands decided' the principle that courts will follow precedents when they are applicable.
statute
a law adopted by the fed or state legislature
statutory law
law passed by legislatures
trademark infringement
use of another company's business name or logo without permission
alternative dispute resolution
alternatives to trial; arbitration and mediation
answer
pleading issued by defendant in response to plaintiff's complaint
appeal
review by one court of the decision of another court, initiated by the party who lost in the prior court; complaint made a litigant to a superior court that a trial judge committed an error, and a request that the superior court correct the error.
appellate court
court with authority to review the handling and decisions of a case tried in a lower court
arbitration
process of dispute resolution by an arbitrator chosen by the parties to decide the case
briefs
written statement of a person's case to be submitted to a court, usually including summary of the law involved in the case; a condensed statement of facts, and arguments regarding how the law applies to the facts.
case-in-chief
part of a trial where each party presents his evidene
charge to the jury
procedure at trial where judge informs the jury of the law applicable to the case. the charge occurs after the summations
civil case
a non criminal case. the remedy sought is typically damages (money)
claim
a demand for a remedy, usually money, to compensate for a perceived wrong
complaint
initial pleading filed in court in a civil lawsuit consisting of a statement of the wrong or harm allegedly done to the plaintiff by the defendant and a request for specific help from the court
counterclaims
claims the defendant asserts against the plaintiff in an answer
cross-examination
questioning of a witness by the attorney opposed to the one who called the witness to stand. opposing counsel questioning the other party's witness
default judgement
judgement entered in favor of a plaintiff when the defendant fails to appear in court
defendant
party who is sued in a lawsuit by the plaintiff
deliberations
process undertaken by a jury to examine, review, and weigh the evidence to decide on a verdict.
deposition
a pretrial interrogation of a witness under oath
direct examination
questioning of a witness by attorney who called the witness to the stand
discovery
process where each side obtains evidence known to the other side.
personam jurisdiction
authority of a court to determine a case against a particular defendant
interrogatories
formal written questions submitted to the opposing party in a lawsuit as part of the discovery process
jurisdiction
authority of a court to hear a case, as determined by the legislature
litigants
parties to a lawsuit
mediation
process where litigants settle their dispute our of court by mutual agreement with the aid of a mediator
motion
a request to a judge for relief that is made while a lawsuit is going on
opening statement
presentation to the jury at the beginning of a trial outlining the proof a lawyer expects to present during the trial
parties
individuals in conflict in a lawsuit; also referred to as litigants. a party may be a person, a business or other private organization, or a governmental body.
peremptory challenges
process during voire dire which allows a limited number of potential jurors to be dismissed by attorneys without a stated cause
plaintiff
the party who commences a lawsuit seeking a remedy for an injury or loss that is the responsibility of another party, the defendant.
pleadings
the complaint, answer and reply
rebuttal
opportunity at trial for plaintiff to present evidence to contest defendant's evidence once the defendant has concluded its case.
remitter
a ruling by a judge that the amount of money awarded by the jury is unreasonably high
reply
a document issued in response to a filed complaint and/or motion
service of process
formally notifying the defendant of the impending lawsuit by the plaintiff
settlement
a resolution of a dispute without a trial
subject matter jurisdiction
a court's power to decide cases of a particular category
summary jury trial
trial heard by a jury without witnesses; sometimes used in federal courts to save time and money. the jury renders a nonbinding decision and the law requires the parties to negotiate their dispute after the jury rules.
summation
closing statements at a trial made by attorneys, that summarize the case for the jury
summons
a document ordering the defendant to appear in a lawsuit and defend the allegations made against him/her
trial
process where the parties present evidence and the judge or jury decides the issues
verdict
jury's decision in a case
voir dire
process of examination of randomly selected prospective jurors to determine who will serve as jurors.
americans with disabilities act
a federal law that bard discrimination against people with disabilies. The scope of the act includes both employment and access to places of public accomodation
landmark decision
a court decision that sets a precedent marking a turning point in the interpretation of law
civil rights
personal rights that derive primarily from the constitution, for example, equal protection, free speech, freedom of contract, privacy and due process
civil rights act of 1964
federal statute that prohibits discrimination of the basis of race, color, religion, or natural origin
discrimination
the act of treating some people different from and less favorably than others
injunction
a court order forbidding a party to a lawsuit from engaging in specified acts
interstate commerce
business affecting more than on state, as opposed to business done between two parties in the same state
place of pubic accomodation
variety of business establishments open to the publie
transients
a person passing through a place for only a brief stay or sojourn
unitary rule
rule enforcing the civil rights act when a covered facility is located within a noncovered business; both covered and noncovered are subject to the act
acceptance
an expression of agreement by the offeree to the terms of an offer
agreement not to compete
in the sale of a business, a contractual provision barring the seller from competing with the buyer in the geographical area where the business is located for a specified period of time
antitrust laws
laws that attempt to ensure that open competition is preserved
attrition clause
in reference to a room reservation contact between an association hosting a convention and a hotel, a contractual provision obligating the organization to compensate the hotel if less than a specified number of rooms are rents by conventioneers.
breach of contract
failure to perform some contracted act
capacity to contract
ability to understand the terms of a contract and the understand also that failure to perform its terms can lead to legal liability
condition
an event on which a contractual duty is contingent
consideration
something of value exchanged for something else of value
counteroffer
a response to an offer that modifies one or more of its provisions
duress
threats of harm if a person doesn't sign a contract
easement
privilege of using someone else's land for some limited purpose
forbearance
refraining from doing something you have a legal right to do
genuine assent
concept that the parties involved in a contract must genuinely agree to the contract terms
illusory
a contractual term that fails to contain a firm commitment; a promise that is so indefinite that the party making it has not in fact committed to do anything.
innocent misrepresentation
an untruthful statement that the speaker believes to be accurate
invitations to negotiate
opening discussions that may or may not lead to an offer for a subsequent contract
mitigate
a rule that requires a plaintiff seeking to collect damages for breach of contract to prove an attempt was made to reduce or lessen losses and/or damages
mutuality
all parties to the contract are interested in the terms of a contract and intend to enter an agreement where they will be legally bound
mutual mistake
a mistake made by both parties
no-cause termination clause
a contract term that permits either party to terminate the contract for any or no reason
offer
a proposal to do or give something in exchange for something else.
offeror
the person who makes the offer
parol
oral or spoken
parol evidence rule
what prevents the parties from successfully modifying a complete written contract with evidence of oral agreements made prior to signing the writing
specific performance
a remedy for breach of contract requiring performance of the contract terms
statute of frauds
the law requiring that certain contracts must be written to be enforceable
tort
a violation of a legal duty (a wrongful act) by one person that injures another. (breaches on contractual duties are not considered torts)
trade usage
practices or modes of dealing that are generally adhered to in a particular industry, such that an expectation arises that they will be honored in a given transaction
unilateral mistake
an error made by one party to a contract as to the terms or performance expected
valid
enforceable in court. for a contract to be valid, certain elements must exist, such as contractual capacity, mutuality, legality, consideration, proper form, and genuine assent
void contract
a contract that is unenforceable in court