Intro To Law - Exam 2

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Administrative agency

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A federal, state or local gov't. Agency established to perform a specific function. Administrative ageyare authorized by legislative act to make and enforce rules relating to the purpose for which they were established.

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Administrative Law

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A 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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Alternative dispute resolutions (ADR)

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The resolution of disputes in ways other thaw those involved in the traditional judicial process. Negotiation, mediation and arbitration are forms of ADR.

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Appeal

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The process of seeking a higher courts review of a lower courts decision for the purpose of correcting or changing the lower courts judgments or decision.

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Appellate Court

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A court that reviews decisions made by lower courts, such as trial court's, a court of appeals.

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Appellate Jurisdiction

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The power of a court to hear & decide an appeal; the authority of a court to review cases that have already been tried in a lower court and to make decisions about them without holding a trial.

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Arbitration

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A method of settling disputes in which a dispute is submitted to a disiterested 3rd party (other than a court) who issues a decision that may or may not be legally binding

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Assault

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Any word , any communication or action intended to make other person apprehensive or fearful of immediate physical harm, a reasonably believable threat.

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Battery

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The intentional and offensive touching of another without lawful justification

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Bill of Rights

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The 1st 10 amendments to the US Constitution

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CA Courts of Appeal

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6 appellate districts (intermediate courts)

The appellate courts task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of 3 judges and no jury. A court of appeals hears challenges to district court decisions from courts located within its circuits , as well as appeals from decisions of federals administrative agencies.

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CA Superior Court

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Trial courts that have either general or limited jurisdiction

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CA Supreme Court

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Highest appellate court-state highest court

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CASE LAW

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Rules of law announced in court decisions. Source of law that consists of the decisions rendered by judges in cases that come before the courts.

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CASE OF FIRST IMPRESSION

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A case presenting a legal issue that has not yet been addressed y a court in a particular jurisdiction. Cases with no precedent.

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CASE CITATION

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A reference that indicates where a particular constitutional provision, statute, reported case, or article can be found. Reports or reporters in which the case can be found.

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COMMON LAW

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A body of law (rules) developed from custom or judicial decisions in English & US courts & not by legislature.

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CONCURRENT JURISDICTION

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Jurisdiction that exists when 2 different courts have the power to hear a case. Some cases can heard either in Federal or State court.

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CONCURRING OPINION

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Type of court opinion, often a judge who feels strongly about making or emphasizing a point that was not made in the majority opinion. The judge agrees with the decision given in the majority opinion but for different reasons.

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CONSTITUTIONAL LAW

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Law based on the US Constitution & the constitutions of the states. Is the law made up of the text of a constitution & court decisions interpreting that text.

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CONSUMER PRODUCTS SAFETY COMMISSION

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Created y the consumer product safety act, conducts research on the safety of products & maintains a clearinghouse on the risks associated with various products.

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COUNTY/MUNICIPAL ORDINANCE

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An order, rule or law enacted by a municipal or county govt. to govern a local matter as allowed by state or federal legislation.

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court of law

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A court in which the only remedies were things of value, such as money.

(seeking money damages)

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COURT OPINIONS

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A statement by the court setting forth the applicable law & the reason for its decision. A brief procedural history of the case, a summary of the relevant facts, the court's reason for its decision, the rules of law that apply & the judgment.

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DECEPTIVE ADVERTISING

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Advertising that misleads the consumers, either by unjustified claims concerning a products performance or by failure to disclose relevant info concerning the products composition or performance.

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DISSENTING OPINION

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1 or more opinions written by a judge who does not agree with the majority. This opinion is important bc it may form the basis of the arguments used later in overruling the majority opinion.

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DIVERSITY OF CITIZENSHIP

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Under the constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states (2) a foreign country & citizens of a state or states (3) citizens of a state & citizens of foreign country. Amount must over $75K for federal court to have jurisdiction.

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ENABLING LEGISLATION

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A statute enacted by a legislature that authorizes the creation of an administrative agency & specifies the name, purpose, composition & powers of the agency being created.

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EXCLUSIVE JURISDICTION

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Jurisdiction that exists when a case can be heard only in a particular court.

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FALSE IMPRISONMENT

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The intentional confinement or restraint of another person's activities w/o justification....restraint of a person against his or her will.

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FAIR DEBT COLLECTION PRACTICES ACT

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Created to curb abuse by collection agencies. Prohibits contacting consumers at work, at inconvenient times or 3rd parties about the debt using false or misleading info.

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FEDERAL QUESTION

1st way to end up in Federal Court

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It provides a basis for jurisdiction by the federal courts as authorized by Article III, Sect 2 of the constitution

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FEDERAL TRADE COMMISSION (FTC)

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Most important agency at the federal level regulating. Prohibits unfair & deceptive trade practices. Holds trial like hearings.

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INJUNCTION

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A court decree ordering a person to do or to refrain from doing a certain(particular) act.

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INTENTIONAL TORT

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A wrongful act knowingly committed.

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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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LACHES

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An equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his/her rights.

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LAW

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A body of rules of conduct established & enforced by the controlling authority (the govt.) of a society.

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LIBEL

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Defamation in writing or other published form.

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LONG ARM STATUTE

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A state statute that permits a state to obtain jurisdiction over non-residents. The nonresidents must have certain "minimum contacts" w/ that state for the statute to apply.

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MAJORITY OPINION

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When there's no unanimous opinion, a majority opinion is written explaining the views of the majority of the judges deciding the case. Majority agrees on the result but not the reasoning.

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MEDIATION

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A method of settling disputes outside of court by using the services of a neutral 3rd party, who acts as a communicating agent between the parties; a method of dispute settlement that is less formal than arbitration.

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MINIMUM CONTACTS

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Term used in the US law of civil procedure to determine when its appropriate fora court in one state to assert personal jurisdiction over a defendant from another state.

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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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NEGOTIATION

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a process in which parties attempt to settle their dispute voluntarily, with or w/o atty's to represent them.

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PERSONAL JURISDICTION

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Jurisdiction over the person (business or organization). Suing where the person lives or does business.

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PRECEDENT

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the holding, the rule of law, primary authority

A court decision that furnishes authority for deciding later cases in which similar facts are presented.

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PRIMARY SOURCE OF LAW

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a document that establishes the law on a particular issue, such as case decision, legislative act, administrative rule or presidential order.

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PRODUCT LIABILITY

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The legal liability of manufacturers, sellers &lessors of goods to consumers, users & bystanders for injuries or damages that are caused by the goods.

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PUNITIVE DAMAGES

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Money damages awarded to a plaintiff to punish the defendant & deter future similar conduct.

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RESCISSION

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A remedy in which the contract is canceled & the parties are returned to the positions they occupied before the contract was made.

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REVERSIBLE ERROR

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A legal error at the trial court level that is significant enough to have affected the outcome of the case. It is grounds for reversal of the judgment on appeal.

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SECONDARY SOURCE OF LAW

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Books & articles that summarize, synthesize & explain the primary sources of law. Any publication that indexes, summarizes or interprets the law, such as encyclopedia or an article in a law review.

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RULE OF FOUR

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Convention that for a certiorari (order) to be granted four justices must vote in favor of the grant. The rule ordains that the votes of four justices are needed to grant certiorari & bring a case before the court for decision on the merits.

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SLANDER

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Defamation in ORAL form

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SPECIFIC PERFORMANCE

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An equitable remedy requiring the performance that was specified in a contract, usually granted only when money damages would be an inadequate remedy & the subject matter of the contract is unique eg. real property

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STANDING TO SUE

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A sufficient STAKE in a controversy to justify bringing a lawsuit. Plaintiff must demonstrate an injury or threat of injury or

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statutory law

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the body written laws enacted by legislature

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statute of limitations

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a statute setting the maximum time period within which certain actions can be brought to court or rights enforced. After the period of time has passed no legal action can be brought.

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supremacy clause

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the provision of article vI of the u.s. constitution that declares the constitution, laws and treaties of the US the supreme law of the land.

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unanimous opinion

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when ALL JUDGES AGREE on an opinion the opinion is written for the entire court.

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truth in lending act

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a disclosure law administered by the federal reserve board and requires lenders and sellers to disclose credit terms or loan terms so that borrowers can shop around. The act ONLY PROTECTS PERSONS.

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tort

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a civil wrong not arising from a breach of contract; a breach of a legal duty that causes harm or injury to another.

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tortfeasor

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one who commits tort (the person accused)

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venue

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the geographic district in which an action is tried and from which the jury is selected.

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writ of certiorari

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a write from a ahigher court asking a lwoer court to send it the record of a case for review. The US supreme court uses a certiorari to reveiw most of the cases it decides to hear.

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court of equity

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sought equitable remedies - acourt that decides controversies and administers justice according to the rules, principles and precedents of equity.

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9th cirtcuit

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california 13 circuits in usa