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11 Cards in this Set

  • Front
  • Back

Case Law

Rules of law developed in court decisions, as opposed to constitutional law, statutory law, or administrative regulations.

Civil Litigation

A lawsuit in which one individual sues another for compensation.

Criminal Litigation

A lawsuit in which the government sues an individual to punish the wrongdoer and protect society.

Damages

An amount of money a defendant is ordered to pay to a plaintiff.

Due Process

A fair hearing before an impartial judge. Under the U.S. Constitution, no one may be deprived of life, liberty, or property without due process of law.

Precedent

A previously decided case concerning the same facts as a later case; a published judicial opinion that serves as authority for determining a similar issue in a later case.

Pretrial Discovery

Using depositions and interrogatories to learn more about the disputed facts in a case from the opposing parties and reluctant witnesses.

Settlement

An agreement between the parties to a civil lawsuit, in which the plaintiff agrees to drop the suit in exchange for a sum of money or the defendant's promise to do or refrain from doing something.

Stare Decisis

The legal doctrine that requires a judge to follow precedent (decided in the same jurisdiction) to make the law consistent and predictable.

Tort

A breach of the standards of reasonable conduct imposed by law (as opposed to a duty voluntarily taken on in a contract) that causes harm to another person, giving the injured person the right to sue the one who breached the duty.

A judge is bound by the decision of another court only if it is what?

A