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67 Cards in this Set
- Front
- Back
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law
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rules of conduct promulgated and enforced by the government
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jurisprudence
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the study of law and philosophy
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natural law
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a legal philosophy whose proponents think there are ideal laws that can be discovered through careful thought and humanity's innate sense of right and wrong
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constitutional law
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a body of principles and rules either explicitly stated in, or inferred from, the U.S. Constitution and those of individual states
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separation of powers
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the division of governmental power among the legislative, executive, and judicial branches
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checks and balances
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division among governmental branches so that each branch acts as a check on the power of the other two
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federalism
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a system of government in which the authority to govern is split between a single, nationwide central government and several regional governments
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bill of rights
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the first ten amendments to the U.S.
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doctrine of incorporation
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in constitutional law, the application of the 14th amendment's due process protection to incorporate the provisions of the Bill of Rights and make them applicable to the states
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power of judicial review
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a court's power to review statutes to decide if they conform to the U.S. or state constitutions
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statute
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a law enacted by a state legislature or by Congress
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ordinance
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a law enacted by a local government; a subcategory of statutory law
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administrative law
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rules and regulations created by administrative agencies
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regulation
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a law promulgated by an administrative agency
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enabling act
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a statue establishing and setting out the powers of an administrative agency
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fourth branch of government
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administrative agencies
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common law
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law created by the courts
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stare decisis
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the doctrine stating that normally once a court has decided one way on a particular issue, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts, unless they can be convinced of the need for change
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codification of the common law
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the process of the legislative enactment of areas of the law previously governed solely by the common law
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derogation of the common law
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used to describe legislation that changes the common law
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equity
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fairness; a court's power to do justice
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injunction
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a court order requiring a party to perform a specific act or to cease doing a specific art
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specific performance
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a requirement that a party fulfill his or her contractual obligations
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court
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a unit of the judicial branch or government that has authority to decide legal disputes
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jurisdiction
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the power of a court to hear a case
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trial courts
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courts that determine the facts and apply the law to the facts
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original jurisdiction
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the authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction
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bench trial
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a trial conducted without a jury
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appellate courts
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courts that determine whether lower courts have made errors of law
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appellant or petitioner
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the party in a case who has initiated an appeal
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appellee or respondent
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the party in a case against whom an appeal has been filed
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harmless error
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a trial court error that is no sufficient to warrant reversing the decision
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reverse
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a decision is reversed when an appellate court disagrees with the decision of a lower court
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remand
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when an appellate court sends a case back to the trial court for a new trial or other action
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majority opinion
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an opinion in which a majority of the court joins
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concurring opinion
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an opinion that agrees with the majority's result but disagrees with its reasoning
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dissenting opinion
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an opinion that disagrees with the majority's decision and its reasoning
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questions of fact
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questions relating to what happened: who, what, when, where, and how
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questions of law
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questions relating to the interpretation or application of the law
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entrapment
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a defense requiring proof that the defendant would not have committed the crime but the police trickery
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constitutional court
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a court established by article III of the U.S. Constitution
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U.S. district courts
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the general jurisdiction trial courts in the federal system
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U.S. courts of appeals
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the intermediate appellate courts in the federal system
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U.S. supreme court
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the highest level federal appellate court, consisting of nine appointed members
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general jurisdiction
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a courts power to hear any type of case arising within its geographical area
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limited jurisdiction
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a court's power to hear only specialized cases
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subpoena
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a court order requiring a person to appear to testify at a trial or deposition
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en banc
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when an appellate court that normally sits in panels sits as a whole
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writ of certiorari
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a mean of gaining appellate review
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legislative courts
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courts created under congress's article I powers
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court of record
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a court where a permanent record is kept of the testimony, lawyers' remarks, and judges' rulings
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exclusive jurisdiction
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when only one court has the power to hear the case
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concurrent jurisdiction
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when more than one court has jurisdiction to hear a case
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federal question
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a legal question involving the application of a federal law
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diversity jurisdiction
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the power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000
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removal
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the transfer of a case from one state court to another or from state court to federal court
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stare decisis
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the doctrine that normally once a court had decided an issue, other courts in the same jurisdiction will decide the same way
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precedent
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one or more prior court decisions
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case of first impression
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a type of case that the court has never faced before
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mandatory authority
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analogous court decisions from a higher court in the same jurisdiction
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persuasive authority
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analogous court decisions from an equal or lower court from the same jurisdiction, or from a court in different jurisdiction
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analogous
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similar; cases involve similar facts and rules of law
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distinguishable
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different; cases involve different facts and rules of law
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plain meaning approach
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a method for interpreting enacted law in which the key terms are interpreted in light of their dictionary definitions and use in ordinary conversations
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contextual approach
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a method for interpreting enacted laws in which other parts of the same document or similar documents are examined to see how the same words or phrases were used in those related contexts
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legislative history approach
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a method for interpreting statutes, regulations, and constitutional provisions in which judges attempt to determine what the drafters intended to accomplish by passing the law
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originalism approach
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a method for interpreting constitutional provisions in which judges attempt to determine what the average person, living at the time the provisions was adopted, though the provision meant
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