MORT 234 - Exam #3

Municipal Ordinances

- a law enacted by a local municipal governing body (e.g., zoning, building, safety, etc.)

Judicial Admission

Fact acknowledged in the course of legal proceeding

Special Federate Court

Federal trial courts with limited jurisdiction, such as the US Tax Court

Jurisdiction

The authority of a court to hear a case

Bill of Rights

The first ten amendments to the Constitution, enacted by the first Congress to protect the civil rights and liberties of citizens and states

Embezzlement

The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted.

Arraignment

charging a person with a crime and asking for that person's plea

Judge

chief officer of a court

Justice of the Peace

chief officer of an inferior court

Magistrate

chief officer of an inferior court

Code

collection of laws, rules, or regulations

Comparative Negligence

contributory negligence that reduces but does not bar recovery

Precedent

court decision that determines the decision in a subsequent, similar case

Court of Record

court in which an official record of proceedings is kept

Court of General Jurisdiction

court of record in which a criminal or civil case is first tried

Sheriff

court of record's executive officer

Trial Justice

court officer overseeing disposition of a case

Probate Court

court that handles individuals' estates

Federal Court of Appeals

court that hears appeals in federal court system.

Appellate Court

court that reviews the decision of another court, usually of a lower court

Restraining Order

court's temporary order forbidding an action

Domestic Relations Courts

courts that handle divorce and child custody cases are known as

Computer Crime

crime that is committed with aid of computers or because computers are involved

Constitution

document that contains the fundamental principles of the government

Rules and Regulations

enactments by an administrative body within the jurisdiction of that agency

Marshal

executive officer of a federal court

Malpractice

failure to perform a professional service with the ability and care generally exercised by others in the profession

Injurious Falsehood

false statements of fact that degrades quality of another's goods or services

Diversity Jurisdiction

federal jurisdiction based on parties being from different states

Prosecutor

government employee who brings government actions

Administrative Agency

governmental board or commission with authority to regulate matters or implement laws

State Supreme Court

highest court in most states

Gross Negligence

intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another

State Courts of Appeals

intermediate appellate court

Equity

justice system based on fairness

long arm statute

law allowing a state to have jurisdiction over nonresidents

Statutory Law

law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies

Civil Law

law dealing with enforcement or protection of private rights

Criminal Law

law dealing with offenses against society

Ordinance

law enacted by cities

Procedural Law

law specifying how actions are filed and what trial procedure to follow

Zoning Ordinance

laws passed by a municipality by virtue of its police power which regulates and prescribes the kind of buildings, residences, or businesses that shall be built and used in different parts of the municipality

Building Code

laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings.

Trademark or Trade Name Dilution

lessening the capacity of a famous mark to identify and distinguish goods

Venue

location where a case is to be tried

Strict Liability

manufacturer of product liable without proof of negligence for dangerous product

Discovery

means of obtaining unprivileged information from other party before a trial

Contributory Negligence

negligence of the injured party

Interaction (Violation)

offense less serious than a misdemeanor

writ of certiorari

order to produce record of a case for review by a higher court

Attorney (Lawyer)

person licensed to represent others in court

Tortfeasor

person whose action causes injury

Injunctive Powers

power to issue cease-and-desist orders

Stare Decisis

principle that a court decision controls the decision of similar future case

Confusion of Source

representing goods or services as those of another

Liability

responsibility for wrongful acts or other debts

Secondary Meaning

special meaning of a mark that distinguishes goods, in such a way as to warrant trademark protection

Larceny

taking and carrying property away without consent of the person in possession of the property

Shoplifting

taking unpurchased goods from a store

Communication

telling something to a third person

Theft

the act of taking another's property without consent

Administrative Law

the body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions (OSHA, FTC, State Board Rules)

Execution

the carrying out or completion of some task

Verdict

the decision of a jury

Burglary

the forcible breaking and entering of premises closed for business with the subsequent removal of cash or merchandise

Supreme Court of the United States

the highest court in the United States

Plaintiff

the individual who initiates a civil action

Defendent

the person against whom legal action is brought

Complaint (petition)

the written request which initiates a civil law suit

Law

those rules of conduct commanding what is right and prohibiting what is wrong

Business Law

those rules of conduct prescribed by government and its agencies in regulating business transactions

Arrest

to take into police custody

Business Tort

tort caused by or involving a business

Unfair Competition

total impression of product results in confusion as to product's origin

Inferior Court

trial court that hears only cases involving minor offenses and personal disputes

Trademark/ Trade name Infringement

unauthorized use or imitation of another's mark or name

Trademark

word, symbol, devise, or combination of them used to identify and distinguish goods from other goods

Answer (motion)

written response by defendant to a complaint's charges

Summons (process)

a notice of complaint given to a defendant, attaching the complaint and stating a time frame in which a response, or answer, must be filed or an appearance made, and which serves the purpose of conferring personal jurisdiction over the defendant

Tort

a private wrong for which damages may be recovered

Appeal

a request to a higher court to review a lower court's decision

Ethics

a set of moral principles or values governing individuals or groups

Federal District Court

a trial court in the federal court system

Tort

a wrongful act committed by one person against another person or his property

Booking

administrative steps taken after an arrested person is brought to a police station, which involves entry of the person's name, the crime for which the arrest was made, and other relevant facts on the police "blotter," and which may also include photographing, fingerprinting and the like

Moral Turpitude

an act showing inherent baseness of vileness of principle or action; shameless, wickedness; depravity

Wobbler

an offense that can be either a felony or a misdemeanor

Crime

an offense which is injurious to society as a whole

Case Law

appellate court decisions that establish precedented principles

Judgment

a decision of a court of law

Occupational Safety and Health Administration

a governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees

Statute

a law enacted by legislative bodies

Felony

a more serious criminal offense that is punishable by death or by imprisonment in a penitentiary for more than one year

Misdemeanor

A less serious criminal offense, generally punishable by fine and/or imprisonment of less than one year.

Damages

A sum of money a wrongdoer must pay to an injured party

Federal Trade Commission

An agency of federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.

Trial Court

Court that conducts original trial of a case

Business Crime

Crime against a business or committed by using a business

Negligence

a breach of legal duty to act carefully resulting in injury to another or damage to another's property; failure to exercise reasonable care