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59 Cards in this Set
- Front
- Back
Plaintiff
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the party who brings the lawsuit in trial court
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Defendant
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party that is sued or accused in trial court
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Appellant
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the party who appeals a court’s decision requesting that a higher court the ruling or the rulings of a lower court
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Respondent
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A defendant in a lawsuit in an appeals
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Pleading
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a formal argument submitted to the court
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Verdict
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a decision on a disputed issue in a civil or criminal case or an inquest
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Motion of dismiss
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A motion asking the judge to throw out one or more claims or an entire lawsuit.
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Demurrer
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An objection that an opponent's point is irrelevant or invalid, while granting the factual basis of the point.
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Damages
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compensation recovered by a plaintiff from a defendant
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Common Law
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common understanding of citizens, made by the people
* ie: common law marriage ( ie commonwealth of Virginia) * customs and values of people that have become laws |
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Equity Law
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deals with what is fair, and will be resorted to when the issue can't be resolved through money damages (ie: restraining order)
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Statutory Law
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law adapted by legislative bodies. For the most part deals with state laws. governed by the state and subject to the state. Ie: gay rights & immigration are statutory laws
o state agency driven (state agencies have the power to make & enforce laws) |
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Constitutional Law
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laws set forth by the constitution
(ie: Freedom of Speech etc…) |
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Executive Order
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an order issued by the president or governor has the force of law
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Administrative Law
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law regulated by federal agencies
ie: arguing a parking ticket at the DMV as opposed to the courthouse (FDA, FCC, Census Bureau, Social Security) |
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Stare Decisis
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let the decision stand; the policy of courts to abide by or adhere to principles established by decisions in earlier cases
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Precedent
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court decision that is cited as an example or analogy to resolve similar questions of law in later cases. (serves as a case to follow)
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Invasion of Privacy
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the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.
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libel
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the written or broadcast form of defamation/an untruth about another which will do harm to that person or his/her reputation
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slander
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oral defamation/an untruth about another which will do harm to that person or his/her reputation
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indictment
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written charges by the court
- you are charged - to see what you're up against (criminal court) |
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arraignment
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- when a party pleas guilty or not guilty (arraignment is not the trial)
- also used to exchange evidence (criminal court) |
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jury
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shorter
(criminal & civil) |
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grand jury
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examine the validity of an accusation before trial.
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Writ of Certiorari
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formal process/request to take a trial to the supreme court
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Citation
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locates legal authority similar to a cite. Tells you how to locate a case like dewey decimal system ie: 198 N.Y. 216 (1999)
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Supersede
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to take the place of, as by reason of superior worth or right.
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overrule
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response to the status of an objection.
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modify
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A change or alteration in existing materials.
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Affirm
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what an appeals court does if it agrees with and confirms a lower court's decision.
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Remand
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to send back to trial court
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Reverse
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to overthrow, invalidate, repeal or revoke in higher court. does not go back to a lower court
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case reporter
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series of books that contain judicial opinions from a selection of case law decided by courts
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injunction
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a halt to all activity while a judge reviews it (similar to a restraining order)
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Concurring Opinion
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an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasonin
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Dissenting Opinion
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an opinion that disagrees with the court's disposition of the case.
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Majority
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the opinion joined by a majority of the court
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Plurality
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opinion that most agree on.When the majority judicial opinions agree on the same verdict for different legal premises.
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strict scrutiny
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Highest constitutional burden for the supreme court
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indicted
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Formally accuse or charge (someone) with a serious crime
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jury
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give a verdict in a legal case on the basis of evidence submitted to them in court.
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arraignment
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a legal document calling someone to court to answer an indictment.
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pre-trial hearing
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a meeting with the judge that happens before trial, if the parties have not come to an agreement by that point.
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viewpoint-based discrimination
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limitations on speech, where allowed, must be no greater than necessary, and must be "viewpoint neutral."
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time, place & manner
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government can control where, when & how you exercise your constitutional rights
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intermediate scrutiny
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refers to a test used in some contexts to determine the constitutionality of a law
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strict scrutiny
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the toughest standard that a court will use to review a given law or a specific situation
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public forum
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public property that is open to public expression
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private property
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property owned by citizens
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fighting words doctrine
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words said that have the reason to instigate a fight
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public figure v. private figure v. public official
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public figure is well known, public official works in public office, private figure lack social influence
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actual malice
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must be proven to claim defamation for public figures
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negligence
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must be claimed for defamation for private figures
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tort
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a civil wrong that requires compensation for damages as a result of negligence. (drunk driving)
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publication
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he distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership
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scienter
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intent or knowledge of wrongdoing
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trade libel
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A published false statement that is damaging to a person's reputation AND career
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reckless disregard for truth
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knowing something is false & still publishing it
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actual malice
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knowing something is false & still publishing it
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