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62 Cards in this Set

  • Front
  • Back
civil law
body of law concerning the rights and duties between parties
common law
judge-made
decisions made by appellate courts
criminal law
permits government to punish certain behavior
punishment or fined
defendant
person being sued
equity
powers of a court to fashion a remedy where justice demands it and no common law remedy exists
jurisprudence
study of the purposes and philosophies of the law
plaintiff
person who is suing
precedent
earlier case that decided the same legal issue presently in dispute
procedural law
rules establishing how the legal system operates in particular case
sovereign
political power whom citizens obey
stare decisis
"let the decision stand"
statute
a law passed by a legistlative body
substantive law
establish the rights of parties
ethics
study of how people ought to act
affirm
decision to uphold judgement of lower court
affirmed
permitted to stand
alternative dispute resolution
negotiation
arbitration
mediation
mini-trials
summary jury trials
appeals court
accept facts given and review trial record for errors
appellant
party who appeals court decision
appellee
party opposing appeal
brief
written legal argument that an attorney files
challenge for cause
attorney's request, during voire dire, to excuse prospecitve juror because of bias
class action
method of litigating a civil suit representing a group of people with similar claims
complaint
filed by plaintiff
counter-claim
claim by defendant against plaintiff
cross-examine
ask questions of opposing witness
default judgement
awards one party everything it requested, opposing party failed to respond
deponent
person being questioned in a deposition
direct examination
lawyer questions own witness
directed verdict
court instructs jury to find in favor of a particular party
diversity jurisdiction
plaintiff and defendant are citizens of different states AND amount in dispute > $75,000
error of law
mistake made by trial judge that concerns legal issue
federal question
involves federal statute or constitutional provision
harmless error
fuling made by trial court which appeal court determines wrong but not fatal
in camera inspection
in judge's chambers, out of view of jury and public
JNOV
trial judge overturns verdict
jurisdiction
power of court to hear particular dispute and make a binding decision
litigation
process of resolving disputes through formal court proceedings
litigator
lawyer who handles court cases
memorandum
a supporting argument is submitted with a motion
motion
formal request for court to take specified step
motion to compel answers to interrogatories
formal request that court oders other party to supply complete answers
motion to dismiss
request that court terminate case
peremtory challenge
remove jury for no reason
pleadings
documents that begin a lawsuit:
complaint
answer
counter-claim
reply
preponderance of evidence
level of proof
reply
pleading by plaintiff in response to counter-claim
reverse
appellate court grants judgement for party that lost in trial court
reverse and remand
nullify the lower decision and return the case for reconsideration/retrial
reversed
nullified
summary judgment
terminate lawsuit before trial has begun
trial court
in state or federal system that holds hearings to determine facts
civil or criminal
voir dire
process of selecting jury
writ of certiorari
petition by a party who wants the supreme court to hear a case
adjudicate
hold a formal hearing in a disputed matter and issue a decision
administrative law judge
employed by the agency but expected to be impartial
bill
proposed statute submitted for consideration to congress
de novo decision
power of an appellate agency to make a new decision in a matter under appeal
enabling legistlation
statute authorizing creation of new administration agency
subpoena
order to appear
subpoena duces tecum
order to produce certain documents or things
veto
president opposes bill