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BLAW Test #1

Terms

undefined, object
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Precedent
the obligation to decide current cases based on previous rulings
Statutes
a law passed by a legislative body
Equity
a court's power to fashion a remedy, such as an injunction, which the common law does not provide
Criminal Law
prohibits certain behavior
Civil Law
regulates the rights and duties between parties
Substantive Law
defines the rights of the parties
Procedural Law
establishes the processes for settling disputes
Jurisprudence
philosophy of law
Sovereign
the recognized political power, whom citizens obey
Plaintiff
person who is suing
Defendant
person being sued
affirm
To allow the decision to stand.
affirmed
Permitted to stand.
alternative dispute resolution
Any other formal or informal process used to settle disputes without resorting to a trial.
appeals courts
Generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law.
appellant
The party filing the appeal.
appellee
The party opposing the appeal.
beyond a reasonable doubt
The governments burden in a criminal prosecution.
briefs
Written arguments on the case.
challenges for cause
A claim that a juror has demonstrated probable bias.
class action
One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed.
complaint
A short, plain statement of the facts alleged and the legal claims made.
counter-claim
A second lawsuit by the defendant against the plaintiff.
cross-examine
To ask questions of an opposing witness.
default judgment
A decision that the plaintiff wins without a trial because the defendant failed to answer in time.
deponent
The person being questioned.
direct examination
When a lawyer asks questions of her own witness.
directed verdict
A ruling that the plaintiff has entirely failed to prove some aspect of her case.
discovery
The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.
diversity jurisdiction
(1) The plaintiff and defendant are citizens of different states and (2) The amount in dispute exceeds $75,000.
error of law
Because of this, the appeals court may require a new trial.
federal question
A case in which the claim is based on the United States Constitution, a federal statute, or a federal treaty.
harmless error
A mistake by the trial judge that was too minor to affect the outcome.
judgment non obstante veredicto
A judgment notwithstanding the jury's verdict.
jurisdiction
A court's power to hear a case.
litigation
The process of filing claims in court and ultimately going to trial.
modify
To affirm the outcome but with changes.
motion
A formal request to the court to take some step or issue an order.
motion for a protective order
A request that the court limit discovery.
peremptory challenges
The right to excuse a juror for virtually any reason.
pleadings
The documents that begin lawsuit, consisting of the complaint, the answer, and sometimes a reply.
precedent
Earlier decisions by the state appellate courts on similar issues.
preponderance of the evidence
The plaintiffs burden in a civil lawsuit.
reply
An answer to a counter-claim.
reverse
To turn the loser into the winner.
reverse and remand
To nullify the lower decision and return the case for reconsideration or retrial.
reversed
Nullified.
summary judgment
A ruling by the court that no trial is necessary because some essential facts are not in dispute.
trial courts
Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.
voir dire
The process of selecting a jury.
writ of certiorari
A petition asking the Supreme Court to hear a case.
de novo decision
The power of an appellate court or board to ignore a lower judge's ruling and make its own decision.
Stare Decisis
"Let the decision stand," that is, the ruling from a previous case.
adjudicate
To hold a formal hearing about an issue and then decide it.
administrative law judge
An agency employee who acts as an impartial decision-maker.
bill
A proposed statute, submitted to Congress or a state legislature.
common law
Judge made law.
subpoena
An order to appear at a particular place and time. A subpoena duces tecum requires the person to produce certain documents or things.
veto
The power of the president to reject legislation passed by Congress.
commercial speech
Communication, such as advertisements, that has the dominant theme of proposing a business transaction.
eminent domain
The power of the government to take private property for public use.
Equal Protection Clause
Generally requires the government to treat people equally.
fundamental rights
So basic that any governmental interference with them is suspect and likely to be unconstitutional.
judicial activism
A court's willingness to be involved in major issues.
judicial restraint
A court's attitude that it should leave lawmaking to legislators.
political speech
Is protected unless it is intended and likely to create imminent lawless action.
procedural due process
Ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action.
substantive due process
Holds that certain rights are so fundamental that the government may not eliminate them.
Takings Clause
Ensures that when any governmental unit takes private property for public use, it must compensate the owner.
The Commerce Clause
Gives Congress the power to regulate commerce with foreign nations and among states.
The Supremacy Clause
Makes the Constitution, and federal statutes and treaties, the supreme law of the land.

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