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