Chp 1

Contract Law

A contract is an exchange of promises between parties with capacity to contract. Contract lawsuits result when one party fails to make good on her promise and the injured party sues over the resulting financial loss.

Damages

A damages award is money that a court orders the defendant in a civil lawsuit to pay to the plaintiff, as compensation for injuries suffered.

Dissent

A dissent is an opinion written by judges who disagree with the majority. A dissent has no value as a precedent.

Tort Law

A tort is a breach of a duty of care imposed by law. In a typical tort lawsuit, the plaintiff sues the defendant for compensation for injuries that resulted from the defendant's negligence

Administrative Agencies

Administrative agencies are government bodies that engage in rulemaking and adjudication in a limited area. The Department of Real Estate is an example of an administrative agency.

Administrative Law Judge(ALJ)

An administrative law judge is a judge employed by an agency. Although a part of the agency, an ALJ is supposed to be impartial in resolving disputes.

Case Law

Case law is made up of rules that are taken from judicial opinions.

Distinguishing a case

Distinguishing a case refers to looking for facts in a current case that make it different from an established precedent. This allows the court to reach a different result in the current case than the one reached in the precedent.

Defendant

The defendant is the individual or entity being sued.

Due Process Clause

The right to due process of law includes the right to a fair hearing before an impartial judge. Due process is guaranteed by both the Fifth and the Fourteenth Amendments.

Standard of Proof

The standard of proof is the degree to which a jury must be convinced of a plaintiff's or prosecutor's case in order to decide against the defendant.

Takings Clause

When the government takes private property for a public use, the Takings Clause requires the government to pay just compensation to the property owner.

Precedent

An earlier case similar to the case that's being decided is a precedent. A binding precedent is one that a lower court is required to follow, because it was decided by a higher court in the same jurisdiction.

Opinion

An opinion is a detailed, written explanation of how the court reached its decision.

Order

An order is a brief statement of the court's decision.

Civil Law

Civil law concerns all non-criminal matters, including contracts, torts, and property. A civil lawsuit may be brought by the government or a private party; in most cases, the remedy is damages (monetary compensation).

Criminal Law

Criminal law concerns matters that legislative bodies have determined to be crimes. A criminal lawsuit is brought by the government; penalties include incarceration, fines, community service, and restitution.

Preponderance of the evidence

In a civil case, the standard of proof is by a preponderance of the evidence, meaning that the plaintiff's version of events is more likely than not.

Beyond a Reasonable doubt

In a criminal case the standard of proof is "beyond a reasonable doubt." To find the defendant guilty, the jury must conclude that there is no valid reason to doubt that the defendant committed the crime.

Common Law

In the common law system, the judges follow rules or decisions made by judges in earlier, similar cases, and in so doing they create a body of law distinct from the statutes passed by legislatures. The common law system is our inheritance from English law.

Jurisdiction

Jurisdiction refers to the cases that a court has authority to decide. A court's jurisdiction is limited to a certain geographical area. Lower courts under the jurisdiction of the higher court are bound by the higher court's decisions.

Litigants

Litigants are the parties to a lawsuit—the plaintiff and defendant.

Negligence

Negligence is the failure to exercise due care

Property Law

Property law concerns the ownership and transfer of real and personal property

Regulations

Regulations are rules issued by administrative agencies that have the force of law.

State Action

State action is an act by a government or government official. Only state action may constitute a violation of a person's constitutional rights.

California Code of Regulations

The California Code of Regulations contains California administrative regulations.

Code of Federal Regulations

The Code of Federal Regulations contains federal administrative regulations.

Declaration of rights

The Declaration of Rights is the portion of California's state constitution that protects individual rights. In regard to certain matters, it provides greater protection than the Bill of Rights in the U.S. Constitution.

Equal Protection Clause

The Equal Protection Clause provides that everyone has the right to the equal protection of the laws. This means that governments may not adopt laws that discriminate against individuals or groups unfairly and without justification, nor apply neutral laws in a discriminatory manner.

Fifth Amendment

The Fifth Amendment is the amendment in the Bill of Rights that includes the Due Process Clause and the Takings Clause (among other provisions).

Fourteenth Amendment

The Fourteenth Amendment, which was added after the Civil War, makes it clear that the protections of individual rights in the U.S. Constitution apply not just to the federal government, but also to state governments. Among other things, the Fourteenth Amendment includes the Equal Protection Clause.

Stare Decisis

The doctrine of stare decisis holds that a court should decide cases by applying rules established in earlier cases, or precedents.

Bill of Rights

The first ten amendments to the U.S. Constitution, which were adopted in 1791, are called the Bill of Rights. These amendments protect individual rights by limiting government power.

Plaintiff

The individual or entity who starts a lawsuit by suing another party is called the plaintiff

Role of Law

The law provides the basic framework that allows our society to function. Among other things, the law provides a peaceful way to resolve disputes, enforces equal rights, and assures predictability in contracts and business relationships.