BLAW Test #1
Terms
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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.