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42 Cards in this Set
- Front
- Back
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Civil Law
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law codified in statutes passed by legislation
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Common Law
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Systems of law based in decisions in cases by judges. Only in Great Britain and its former colonies
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Customary Law
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Established by patterns of behavior that are objectively verified within a part of Social setting
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Statutes
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Formal written enactment of a legislative authority. Different from Case law, which is developed/decision by courts. commands and prohibits something or declares policy
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Bylaw
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a law of local or limited application passed under the authority of a higher law specifiying what things may be regulated by the bylaw. it can also refer to the internal rules of a company or organization
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customary law
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a certain legal process is observed. the relevant actors consider it to be law
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Common law
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judge created
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Basic steps to legal resoning
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issue; rule; facts; analysis; conclusion
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Civil law
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a legal ssystem based on written laws or codes, a type of law that controls private disputes between parties
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common law
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a body of law developed through the courts
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constitution
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a document whose primary purpose is to establish a government and define its powers
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code
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a topical organization of statues
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precedent
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the example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases
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Stare Decisis
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"It stands decided"; another term for precedent
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natural theory of law
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a philosophical theory holding that law reflects the moral and unchangable laws of nature
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legal positivism
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a philosophical theory holding that the validity of law is not related to morality
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legal realism
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a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices
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substantive laws
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laws that define our rights and obligations
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procedural laws
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laws that dictate how we enforce our rights and obligations
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tort
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a noncontractural civil wrong
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statute of limitations
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a law that places a time limit on when a lawsuit can be filed
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indigent
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without funds or assets and therefore unable to afford an attorney
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burden of proof
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the necessity of establishing a particular fact or the necessity of going forward with the evidence
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ex post facto
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"After the fact"; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred
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concurrent jurisdiction
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a term that describes situations where more than one entity has the power to regulate or act
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supremacy clause
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the clause in the US Constitution making the Constitution and the laws of the United states the supreme law of the land
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stare decisis
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"it stands decided"; another term for precedent
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Initiative
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An action by citizens to enact legislation through the voter process
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referendum
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a vote whether to accept or reject proposed legislation or constitutional amendment
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Original Jurisdiction
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The power to first hear a case; court of original jurisdiction is where trial takes place
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en banc
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a term that describes the entire panel of judges on a court hearing a case
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affirm
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to uphold; used in connection with an appeal to uphold the lower court's decision
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reverse
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to change
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remand
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to send back
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petition for writ of certiorari
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A document filed with the Supreme Court requesting a hearing
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Magistrate
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a judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the powers of a judge
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Canons of ethics
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standards of responsible and professional conduct
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Fiduciary relationship
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a special relationship of trust and confidence; it forms the basis for the attorney- client relationship
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Escrow Account
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A type of trust account in which funds are held until some condition occurs
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Commingling
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Mixing client funds with the attorney's business or personal funds
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Bifurcate
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to sever from the trial; in family law, it means that the divorce or dissolution may be granted, but the parites will need to come back to court to adjudicate anotehr issue- for example, their property issues.
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adjudicate
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to resolve; when the court adjudicates an issue, the issue is resolved. Adjudication is the process of exercising judicial power.
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