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132 Cards in this Set
- Front
- Back
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Administrative law
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- The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
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Binding authority
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- Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
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Breach
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- Failure to perform a legal obligation.
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Case law
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- The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.
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Citation
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- A reference to a publication in which a legal authority- such as a statute or a court decision- or other source can be found.
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Civil law
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- The branch of law dealing with the definition and enforcement or all private or public rights, as opposed to criminal matters.
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Civil law system
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- A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.
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Common law
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- The body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature.
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Constitutional law
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- The body of law derived from the US Constitution and the constitutions of the various states.
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Criminal law
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- Law that defines and governs actions that constitute crimes. Generally, criminal laws has to do with wrongful actionas committed against society for which society demands redress.
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Cyberlaw
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- An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet.
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Defendant
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- One against whom a lawsuit is brought, the accused person in a criminal proceeding.
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Equitable principles and maxims
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- General propositions or principles of law that have to do with fairness (equity).
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Historical school
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- A school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be.
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International law
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- The law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law.
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Jurisprudence
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- The science or philosophy of law.
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Law
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- A body of enforceable rules government relationships among individuals and between individuals and their society.
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Legal positivism
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- A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
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Legal realism
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- A school of legal thought of the 1920s and 1930s that generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. This school left a lasting imprint on American jurisprudence.
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National law
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- Law that pertains to a particular nation (as opposed to international law).
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Natural law
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- The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the more significant schools of legal thought.
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Ordinance
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- A regulation enacted by a city or county legislative body that becomes part of that state’s statutory law.
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Persuasive authority
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- Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law.
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Plaintiff
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- One who initiates a lawsuit.
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Precedent
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- A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
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Primary source of law
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- A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision.
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Procedural law
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- Law that establishes the methods of enforcing the rights established by substantive law.
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Remedy
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- The relief given to an innocent party to enforce a right or compensate for the violation of a right.
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Secondary source of law
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- A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.
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Sociological school
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- A school of legal thought that views the law as a tool for promoting justice in society.
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Stare decisis
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- A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
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Statue of limitations
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- A federal or state setting the maximum time period during which a certain action can be brought or certain rights enforced.
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Statutory law
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- The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
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Substantive law
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Law that defines, describes, regulates, and creates legal rights and obligations.
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Uniform law
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- A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. Each state has the option of adopting or rejecting all or part of a uniform law. If a state adopts the law, it becomes a statutory law in the state.
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Business ethics
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- Ethics in a business context; a consensus as to what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting.
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Categorical imperative
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- A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong, or desirable or undesirable, a person should evaluate the action in terms of what would happen if everybody else in the same situation, or category, acted the same way.
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Corporate social responsibility
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- The idea that corporations can and should act ethically and be accountable to society for their actions.
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Cost-benefit analysis
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- A decision-making technique that involves weighing the costs of a given action against the benefits of that action.
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Ethical reasoning
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- A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
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Ethics
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- Moral principles and values applied to social behavior.
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Moral minimum
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- The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law.
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Principle of rights
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- The principle that human beings have certain fundamental rights (to life, liberty, and the pursuit of happiness, for example). Those who adhere to this “rights theory” believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of various groups, including employees customers, and suppliers.
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Stock buyback
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- A company’s purchase of shares of its own stock on the open market.
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Stock option
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- An agreement that grants the owner the option to buy a given number of shares of stock, usually within a set time period.
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Utilitarianism
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- An approach to ethical reasoning that evaluates behavior in light of the consequences of that behavior for those who will be affected by it, rather than on the basis of any absolute ethical or moral values. In utilitarian reasoning, a “good” decision is one that results in the greatest good for the greatest number of people affected by the decision.
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Alternative dispute resolution
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- The resolution of disputes in ways other that those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.
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Answer
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- Procedurally, a defendant’s response to the plaintiff’s complaint.
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Arbitration
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- The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding.
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Arbitration clause
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- A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
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Award
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- In litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution, the decision rendered by an arbitrator.
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Bankruptcy court
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- a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
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Brief
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- A formal legal document prepared by a party’s attorney for the appellant or the appellee (in answer to the appellant’s brief) and submitted to an appellate court when a case is appealed. The appellant’s brief outlines the facts and issues of the case, the judge’s rulings or jury’s findings that should be reversed or modified, the applicable law, and the arguments on the client’s behalf.
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Complaint
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- The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
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Concurrent jurisdiction
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- Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in a federal or a state court.
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Counterclaim
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- A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
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Default judgment
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- A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.
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Deposition
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- The testimony of a party to a lawsuit or a witness taken under oath before a trial.
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Discovery
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- A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
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Diversity of citizenship
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- A basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal district court can take jurisdiction in such cases.
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Docket
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- The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.
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E-evidence
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- Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, document preparation systems, and other data.
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Exclusive jurisdiction
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- Jurisdiction that exists when a case can be heard only in a particular court or type of court.
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Federal questions
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- A questions that pertains to the US Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
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Interrogatories
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- A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.
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Judicial review
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- The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
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Jurisdiction
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- The authority of a court to hear and decide a specific case.
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Justiciable controversy
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- A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
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Litigation
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- The process of resolving a dispute through the court system. (pretrial)
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Long arm statute
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- A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain “minimum contacts” with that state for the statute to apply.
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Mediation
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- A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.
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Motion for a directed verdict
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- In a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.
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Motion for a new trial
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- A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.
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Motion for judgment
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- A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict against him or her was unreasonable and erroneous.
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Motion for judgment on the pleadings
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- A motion by wither party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
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Motion for summary judgment
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- A motion requesting the court to enter a judgment without proceedings to trail. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
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Motion to dismiss
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- A pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.
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Negotiation
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- a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.
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Online dispute resolution
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- The resolution of disputes with the assistance of organizations that offer dispute resolution services via the Internet.
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Pleadings
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- Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings.
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Probate court
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- a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.
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Question of fact
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- In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury).
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Question of law
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- In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, not a jury, can rule on questions of law.
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Reply
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- Procedurally, a plaintiff’s response to a defendant’s answer.
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Rule of four
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- A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue that writ.
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Small claims court
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- A special court in which parties may litigate small claims ($5,000 or less). Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.
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Standing to sue
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- The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury.
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Summons
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- A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint.
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Venue
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- A geographic district in which a legal action is tried and from which the jury is selected.
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Voir dire
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- An Old French phrase meaning “to speck the truth”. In legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.
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Writ of certiorari
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- A writ from a higher court asking a lower court for the record of a case.
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Court of appeals
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Highest state court
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Actionable
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- Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.
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Actual malice
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- The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true. In a defamation suit, a statement made about a public figure normally must be made with actual malice for the plaintiff to recover damages.
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Appropriation
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- In tort law, the use by one person of another person’s name, likeliness, or other identifying characteristic without permission and for the benefit of the user.
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Assault
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- Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
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Assumption of risk
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- A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.
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Battery
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- The unexcused, harmful or offensive, intentional touching of another.
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Business invitee
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- A person, such as a customer or client, who is invited onto business premises by the owner of those premises for business purposes.
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Business tort
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- Wrongful interference with another’s business rights.
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Causation in fact
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- An act or omission without which an event would not have occurred.
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Comparative negligence
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- A rule in tort law that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely; used in the majority of states.
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Compensatory damages
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- A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
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Contributory negligence
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- a rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff’s own fault; used in a minority of states.
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Conversion
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- Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another.
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Cyber tort
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- A tort committed in cyberspace.
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Damages
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- Money sought as a remedy for a breach of contract or a tortious action.
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Defamation
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- Anything published or publicly spoken that causes injury to another’s good name, reputation, or character.
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Disparagement of property
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- An economically injurious falsehood made about another’s product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.
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Dram shop act
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- A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
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Duty of care
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- The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
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Fraudulent misrepresentation
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- Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
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Good Samaritan statute
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- A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm.
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Intentional tort
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- A wrongful act knowingly committed.
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Libel
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- Defamation in writing or other form having the quality of permanence (such as a digital recording).
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Malpractice
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- Professional misconduct or the lack of the requisite degree of skill as a professional. Negligence- the failure to exercise due care- on the part of a professional, such as physician, is commonly referred to as malpractice.
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Negligence
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- The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
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Negligence per se
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- An action or failure to act in violation of a statutory requirement.
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Privilege
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- A legal right, exemption, or immunity granted to a person or a class of persons. In the context of defamation, an absolute privilege immunizes the person making the statements from a lawsuit, regardless of whether the statements were malicious.
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Proximate cause
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- Legal cause, which exists when the connection between an act and an injury is strong enough to justify imposing liability.
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Puffery
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- A salesperson’s often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.
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Punitive damages
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- Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
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Reasonable person standard
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- The standard of behavior expected of a hypothetical “reasonable person”; the standard against which negligence is measured and that must be observed to avoid liability for negligence.
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Res ipsa laquitur
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- A doctrine under which negligence may be inferred simply because an event occurred, if it is the absence of negligence. Literally, the means “the facts speak for themselves.”
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Slander
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- Defamation in oral form.
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Slander of quality (trade libel)
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- The publication of false information about another’s product, alleging that it is not what its seller claims.
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Slander of title
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- The publication of a statement that denies or casts doubt on another’s legal ownership of any property, causing financial loss to that property’s owner.
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Strict liability
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- Liabiltity regardless of fault. In tort law, strict liability is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce goods that are unreasonably dangerous when in a defective condition.
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Tort
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- A civil wrong arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.
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Tortfeasor
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- One who commits a tort.
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Trespass to land
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- The entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.
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Trespass to personal property
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- The unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of his or her personal property.
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