LEGL 2800H Test 1

diversity of citizenship

A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.

Act

A bill that is enacted

Law

A body of enforceable rules governing relationships among individuals and between individuals and their society.

clear and convincing proof

A burden of proof that requires the party with the burden to establish clearly the existence of the alleged facts. This burden requires more proof than merely having a preponderance of evidence on one's side.

Corporation

A business owned by stockholders who share in its profits but are not personally responsible for its debts

Tort

A civil wrong

counterclaim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

writ of certiorari

A formal writ used to bring a case before the Supreme Court.

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

petit jury

A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.

Criminal Law

A law that defines crimes against the public order.

Civil Law

A law that governs relationships between individuals and defines their legal rights.

Specific performance

A legal action to compel a party to carry out the terms of a contract.

extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Common Law

A legal system based on custom and court rulings

request for an admission

A method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts that are not in dispute.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Opinion

A personal view, attitude, or appraisal.

discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

interrogatories

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.

long arm statute

A state statute that permits a state to exercise jurisdiction over nonresident defendants.

jury instruction

A statement made by the judge to the jury informing them of the law applicable to the case the jury is bound to accept and apply.

Codes

A systemized body of laws; a set of principles, as of ethics.

Originalism

A view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservatives support this view.

brief

A written statement by an attorney that summarizes a case and the laws and rulings that support it

judicial review

Allows the court to determine the constitutionality of laws

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

courts of appeals

Federal courts that review decisions of federal district courts, regulatory commissions, &other fed. courts

Intentional torts

Harm caused by a deliberate action

petitioner

In equity practice, a party that initiates a lawsuit.

respondent

In equity practice, the party who answers a bill or other proceeding.

res judicata

Latin phrase meaning "the thing has been decided."

Tort Law

Law that deals with harm to a person or a person's property.

Substantive law

Law that defines, describes, regulates, and creates legal rights and obligations.

Procedural Law

Law that establishes the methods of enforcing the rights established by substantive law.

Contract Law

Law that refers to agreements between individuals and entities that are binding

class action suit

Lawsuit brought by an individual or group of people on behalf of all those similarly situated.

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

depositions

Oral questions asked of parties and witnesses under oath.

answer

Procedurally, a defendant's response to the plaintiff's complaint.

Exemplary damages

Punitive damages. Monetary compensation in excess of direct losses suffered by the plaintiff that may be awarded in intentional tort cases where the defendant's conduct deserves punishment.

Conflicts of Law

Rules of law the courts use to determine that substantive law applies when there is an inconsistency between laws of different states or countries.

pleadings

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.

breach of contract

The failure, without legal excuse, of a promisor to perform the obligations of a contract.

Constitutional Relativity

The idea that constitutional interpretation is relative to the time in which the Constitution is being interpreted.

Counterdefendant

The party involved in litigation against whom a counterclaim is filed. This party is the original plaintiff.

counterplaintiff

The party involved in litigation who files a counterclaim. This party is the original defendant who is making a claim against the original plaintiff.

appellee

The party opposing an appeal from a lower court to an appellate court.

judgemenet notwithstanding the verdict

The party who is dissatisifed with the jury's verdict may file a postrial motion with the judge.

appellant

The party who takes an appeal from one court to another.

complaint

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.

federal rules of civil procedure

The rules controlling procedural matters in civil trials brought before the federal district courts.

preponderance of evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

beyond a reasonable doubt

The standard that must be met by the prosecution's evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime

Uniform Commercial Code (UCC)

a comprehensive statutory scheme that includes laws that cover aspects of commercial transactions

small claims court

a court that deals with legal disputes that involve amounts below a certain limit

directed verdict

a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action

judgement on the pleadings

a final ruling in favor of one party by the judge based on the pleadings

Remedy

a judicial order enforcing a right or redressing a wrong

Ordinance

a law or regulation

garnishment

a legal process that allows part of your paycheck to be withheld for payment of a debt

request for production of documents

a method of discovery whereby one party asks the other to provide documents for the requesting party's review

plaintiff

a person who brings a case against another in a court of law.

motion

a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case.

Citation

a quotation from or reference to a book, paper, or author, especially in a scholarly work.

Statute

a written law passed by a legislative body

Precedent

an example that may serve as a basis for imitation or later action

defendant

an individual or group being sued or charged with a crime

Property

anything of value that is owned or controlled

appeal

apply to a higher court for a reversal of the decision of a lower court.

Negligence

careless neglect, often resulting in injury

federal question cases

cases concerning the Constitution, federal law, or treaties over which the federal courts have jurisdiction as described in the Constitution

Public Law

cases involving the action of public agencies or officials

Property Law

law dealing with ownership

Constitutional Law

law that involves the interpretation and application of the U.S. Constitution and state constitutions

stare decisis

let the decision stand

Strict Liability

liability without fault

Rule of Law

principle that the law applies to everyone, even those who govern

Sanctions

something that forces obedience with a law or rule

oral argument

stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices

Dicta

statements made in a judicial opinion that are not essential to the decision of the case

affidavits

sworn statements by parties or witnesses

Legislation

the act of making or enacting laws

Ownership

the act, state, or right of possessing something.

Administrative Law

the body of law that regulates the operation and procedures of government agencies.

execution

the carrying out or putting into effect of a plan, order, or course of action.

Holding

the court's decision

trial court

the first court to hear a criminal or civil case

supreme court

the highest federal court in the United States

judgement

the judicial decision in a court case

burden of proof

the obligation facing a persuasive speaker to prove that a change from current policy is necessary

personal jurisdiction

the power of a court to force a person to appear before it

Subject Matter Jurisdiction

the power of a court to hear a particular type of case

peremptory challenges

the right to excuse a juror for virtually any reason

Private Law

the rules and regulations parties agree to as part of their contractual relationships

jurisprudence

the science or philosophy of law

Corporate Governance

the system of governing a company so that the interests of corporate owners and other stakeholders are protected

default

to fail to act