Law

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Plaintiff –

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The individual or entity who starts a lawsuit (or brings an action) by suing someone.

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Defendant –

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The individual or entity being sued.

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Litigants –

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The parties to a lawsuit; the plaintiff and defendant.

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Criminal/ civil law –

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Criminal law involves the government’s prosecution of persons charged with crimes. Civil law refers

to all law of a non-criminal nature— chiefly, matters involving contracts, torts, and property.

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Damages –

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Money awarded to the winning party in a civil case.

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Tort –.

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A type of civil wrong (as opposed to a criminal wrong); examples include negligence, defamation, battery, etc

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Due process –

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A constitutional guarantee that the government will not deprive persons of liberty or property without a fair hearing.

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Equal protection –

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A constitutional guarantee that the government will not treat people unequally without legitimate reason.

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State action –

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An act of the government or a government official; only state action can violate a person’s constitutional rights.

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Just compensation –

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The right to be fairly compensated if the government takes your land.

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Bill –

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A proposed law introduced in either house of the legislature.

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Statute/ ordinance –

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Statutes are laws passed by state and federal legislatures; ordinances are laws passed by local legislative bodies such as city or county councils.

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Code –

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Statutes grouped together in logical order and published in official volumes, e.g., the U.S. Code, the California Codes.

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Jurisdiction –

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An area under the authority of a particular court.

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Opinion –

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The court’s written explanation of its decision.

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Case law –

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Case law or “common law” is law established by the courts through their written opinions.

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Stare decisis –

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A doctrine that requires courts to follow common law established in earlier cases (precedents), though generally only precedents from higher courts in the jurisdiction are binding.

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1.

Ideally, the law promotes order and stability, settles disputes, and protects the rights of minorities. Providing a set of rules makes business more predictable and therefore more likely to be profitable.

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2.

A criminal action is brought by the government to punish a wrongdoer and protect society. In a civil action, an injured party sues for compensation. Some wrongful acts can give rise to both a criminal prosecution as well as a private suit for damages.

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3.

Most civil law matters involve contracts, torts, or property. Contract law covers the voluntary exchange of promises and the breach thereof; tort law concerns the civil duty to act with reasonable care and to avoid causing injury to persons or property; finally, property law refers to the rights and responsibilities involved in owning real and personal property.

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4.

Sources of law in the U.S. include the federal and state constitutions, legislative bodies, courts, and agencies.

Constitutions provide a structure for government and protect personal rights. Each branch of government must meet constitutional requirements when making law or rendering decisions.

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5.

The U.S. uses the common law system, in which courts follow law developed by courts in earlier decisions (precedents). Under the doctrine of stare decisis, higher courts create binding precedent for lower courts in the same jurisdiction. Stare decisis helps assure that the courts’ interpretation of statutes and other laws remains reasonably consistent.

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6.

Administrative agencies may be considered a fourth branch of government. Many agencies have a legislative-like power to issue regulations which have the force of law. Many agencies also have a judiciary-like power to adjudicate matters within their authority such as permitting decisions, licensing, etc.