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30 Cards in this Set
- Front
- Back
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Plaintiff |
the party who initiates a lawsuit by filing a complaint with the clerk of the court |
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Specific Performance |
the right of a party to a contract to demand that the defendant be ordered in the judgement to perform the contract |
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Stare Decisis |
"let the decision stand"
Doctorine of precedent |
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Preponderance of the Evidence |
the greater weight of evidence in a civil lawsuit to decide in favor of one side or the other |
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Commerce Clause |
gives congress the power "to regulate power with foreign nations, among the several states, and with indian tribes |
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Ethics of Duty |
basic principle of functional society |
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Reasonable Doubt |
the degree of which a juror must be convinced that someone is guilty of a crime |
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Exclusionary Rule |
illegally seized evidence can not be used in a prosecution of chief |
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Standing to Sue |
can only sue if you have been "injured" in some way |
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Probable Cause |
sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime |
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Defendent |
the party sued in a civil lawsuit or charged with the crime in a criminal case |
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Supremacy Clause |
a Supreme court ruling can be binding on state courts if a constitutional issue |
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Fiduciary |
A legally enforced relationship of trust, confidence, and responsibility |
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Writ of Certiorari |
orders a lower court to deliver the records in a case to be reviewed by the higher court |
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Enumerated Powers |
powers of the federal government that are specifically described |
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Ethics of Excellence |
an attempt to make society more just and complex (varies across cultures). |
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Necessary and Proper Clause |
Gives congress the power to make new laws as long as they follow the constitution |
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Judicial Review |
the doctorine under which legislative and executives actions are subject to review by the judiciary |
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Common Law |
the traditional unwritten law of England, based on custom and usage. |
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Miranda Warnings |
Must be read whenever there is Custodial Interrogation. 1. Right to remain silent. 2. Anything you say can be used against you in court. 3. Right to an attorney. 4. If you can't afford an attorney one will be appointed for you. |
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Damages |
the amount of money or compensation in which a plaintiff may be awarded in a lawsuit |
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Subpoena |
an order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness |
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Procedural Due Process |
when the state or federal government denies a citizen of life, liberty, or property interest, the person must first be given notice and the opportunity to be heard |
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Jurisdiction |
the authority given by law to a court to try cases in a specific geographic area or over certain types of cases. |
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Indictment |
the charge of a felony voted by the Grand Jury based on evidence provided by the prosecutor
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Humanism |
all people have intrinsic worth and dignity |
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Rationalism |
-coming to conclusions through reasoning
-Leads to formation of the scientific method |
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Substantive Due Process |
the principle which allows federal courts to protect the fundamental rights from government interference under the authority of due processes |
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Bail |
the money or bond put up to secure the release of a person who has been charged with a crime |
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Venue |
the proper or most convenient location for the trial of a case |
