Intro To Law Chapter 5

Front 1

Civil law

Back 1

Law that governs the private rights of individuals, legal entities, and government.

Front 2

Compensatory damages

Back 2

An award of money payable to the injured party for the reasonable cost of the injuries.

Front 3

Substantive law

Back 3

The law that creates and resolves the issue between the parties; legal standards that guide conduct and are applied to determine whether conduct in a particular situation was legally appropriate.

Front 4

Procedural law

Back 4

Law used to guide parties fairly and efficiently through the legal system.

Front 5

Complaint

Back 5

Also known as a petition; the document that appraises the court and the defendant of the nature of the cause of action by the plantiff.

Front 6

Alternative dispute resolution (ADR)

Back 6

Methods used to resolve cases without trial, and to resolve issues that might otherwise extend or add to the matters considered when a trial does occur.

Front 7

Arbitration

Back 7

Third-party resolution of a legal issue that has arisen between two or more parties. Typically, parties agree (through an arbitration clause) or are ordered by a court (compulsory) to submit evidence to an arbitrator for a binding decision.

Front 8

Discovery

Back 8

Court-supervised exchange of evidence and other relevant information between parties to a lawsuit.

Front 9

Motion

Back 9

Formal request by a party to a lawsuit for court-ordered action or nonaction.

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Relevant evidence

Back 10

Evidence that tends to establish an essential fact in the dispute.

Front 11

Material evidence

Back 11

Evidence necessary to a fair and informed decision by the trier of fact.

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Traditional Balance

Back 12

Goal of the judiciary is to allow maximum personal freedom without detracting from the welfare of the general public

Front 13

Modern Balance

Back 13

Goal of lawmaking authorities is to balance the need for consistency and stability against the need for a flexible and adaptive government.

Front 14

Legal Standard

Back 14

Legal principle, point of law. May take the form of statutory, judicial or administrative law.

Front 15

Statutory Law

Back 15

A statute, a law created by a legislature.

Front 16

Judicial Law

Back 16

Opinions, issued by members of the judiciary in legal disputes, that have the effect of law.

Front 17

Stare Decisis

Back 17

"Let the decision stand" Method used by the judiciary when applying precedent to current situations.

Front 18

Precedent

Back 18

Existing legal standards to which courts look for guidance when making a determination of a legal issue.

Front 19

Administrative Law

Back 19

Regulations and decisions that explain and detail statutes. Such regulations and decisions are issued by administrative agencies

Hint 19

FAA, FCC, EPA, FEMA

Front 20

Federal court

Back 20

A court that is part of the U.S. court system, has limited authority, and hears only cases involving the U.S. government, federal laws, or appropriate cases of diversity of citizenship.

Front 21

State court

Back 21

A court that is a part of the judicial branch in the state in which it is located. Typically, state courts hear cases that involve state law.

Front 22

Trial court

Back 22

A court that has authority to hear the evidence of the parties before it and renders a verdict.

Front 23

Appellate court

Back 23

A court that reviews the actions of a trial court and determines whether an error has been committed that requires corrective action.

Front 24

Legal analysis

Back 24

The process of examining precedent in detail in order to predict its effect on future similar circumstances.

Front 25

Representative

Back 25

A person elected to the u.s. house of Representatives, the composition of which is designed to ensure the equal representation of all citizens.

Front 26

Senator

Back 26

A person elected to the U.S. senate, the composition of which is designed to ensure equal representation of all states.

Front 27

Bill

Back 27

Proposed law presented to the legislature for consideration.

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Veto

Back 28

Presidential power to invalidate a law passed by a majority of congress; a two–thirds majority of each house is needed to override a veto.

Front 29

Lobbyist

Back 29

Individual hired to meet with kand usually try to exert influence on) legislatures regarding proposed laws.

Front 30

Session law

Back 30

Law passed during a particular session of congress.

Front 31

Codification

Back 31

Process of incorporating newly passed legislation into the existing legal/statutory code.

Front 32

Administrative agency

Back 32

Government office created by the legislature and overseen by the executive branch. The purpose of such an agency is to apply certain specified laws created by the legislature.

Front 33

Enabling act

Back 33

Congressional enactment that creates the authority in the executive to organize and oversee an administrative agency by establishing specific legislative goals and objectives.

Front 34

Delegation doctrine

Back 34

Principle that congress may not assign its authority to create statutory law and no other government entity may assume such authority.

Front 35

Administrative procedure act (APA)

Back 35

Congressional enactment that requires all federal administrative agencies to follow certain procedures in the issuance of administrative law.

Front 36

Administrative regulation

Back 36

Form of administrative law; a regulation that defines, clarifies, or enforces statutory objective.

Front 37

Code of Federal Regulations (CFR)

Back 37

Publication that contains all current administrative regulations.

Front 38

Exhaustion of administrative remedies

Back 38

Requirement that anyone having a dispute with an administrative agency must follow all available procedures to resolve the dispute within the agency before taking the issue before the judiciary.

Front 39

Amendment I

Back 39

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Front 40

Amendment II

Back 40

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

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Amendment III

Back 41

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

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Amendment IV

Back 42

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Amendment V

Back 43

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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Amendment VI

Back 44

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Front 45

Amendment VII

Back 45

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the united states, than according to the rules of the common law.

Front 46

Amendment VIII

Back 46

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Front 47

Amendment IX

Back 47

The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

Front 48

Amendment X

Back 48

The powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Front 49

Sources of law

Back 49

Statutory law

Judicial law

Administrative law

Front 50

Hierarchy of law

Back 50

1. U.S. Constitution

2. Legislative (statutory) acts of congress

3. Administrative law

Front 51

Branches of government

Back 51

Legislative

Executive

Judicial

Front 52

Motion to Dismiss

Back 52

used when a party believes that the facts of the case do not support a viable legal claim or that the complaint is improperly stated and does not conform to legal requirements as outlined by the rules of procedure

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Motion to Make More Definite and Certain

Back 53

Also called a bill of particulars, filed by the defendant and asks that the plaintiff be required to provide more detailed information than that contained in the complaint.

Front 54

Motion to Quash Service of Process

Back 54

filed when a plaintiff does not follow the rules of procedure for serving a summons and complaint on the defendant.

Front 55

Motion to Inspect

Back 55

a discovery motion used to gain access to private property. If granted, the party is allowed to inspect the property as it pertains to evidence in the lawsuit

Front 56

Motion for Mental or Physical Examination

Back 56

when the mental or physical condition of a party or witness is relevant to the lawsuit. When granted, it allows the party to have the physician of choice examine the other party or witness and to give a report as to the person's mental or physical condition. Often used in personal injury claim

Front 57

Motion to Compel

Back 57

during discovery, a party has certain time limits to respond to requests for information issued by the other party. When these time limits are not honored the party expecting the information may request the court order immediate compliance.

Front 58

Motion for Sanctions

Back 58

used during discovery and at any other time during the proceedings when one party is of the opinion that the other party is willfully disregarding rules of procedure or orders of the court. The motion seeks punishment of the party at fault. If granted by the court, the penalty can range from being held in contempt of court to dismissal of the suit in the aggrieved party's favor.

Front 59

Motion for Summary Judgment

Back 59

Not used much. Its basis is that the evidence is so overwhelmingly in favor of one party that no reasonable judge or jury could find in favor of the other party.

Front 60

Motion in Limine

Back 60

motion to limit
motion to exclude
an attempt to prevent certain evidence from being presented to a jury.

Front 61

Motion for Directed Verdict

Back 61

filed after evidence has been presented to a jury (rather than before a trial has begun). However, like the summary judgment motion, asks that the judge make a determination that there is only one reasonable outcome to the suit and because of this, the jury should be told what its verdict will be.

Front 62

Motion for Judgment Notwithstanding the Verdict (Non Obstante Veredicto)

Back 62

Judgment NOV, the verdict is given after the verdict has been delivered by the jury and a party contends that the jury misconstrued the evidence and reached a result that is in conflict with the totality of the evidence.

Front 63

Motion for New Trial

Back 63

submitted when a party contends that something occurred during the trial to prevent the legally correct result of the lawsuit from being rendered