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Ch. 1

Introduction to Law_5th Edition_J.B.Hames_Yvonne Ekern

TermDefinition
LAW A set of rules and procedures usually intended to regulate some aspect of society.
CIVIL LAW A legal system based on written laws or codes. Also, a type of law that controls private disputes between parties.
COMMON LAW A body of law developed through the courts.
CONSTITUTION A document whose primary purpose is to establish a government and define its powers.
CODE A topical organization of statutes.
PRECEDENT The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.
"Stare decisis
JURISPRUDENCE Study of philosophy of law.
NATURAL THEORY OF LAW A philosophical theory holding that law reflects the moral and unchangable laws of nature.
LEGAL POSITIVISM A philosophical theory holding that the validity of law is not related to morality.
LEGAL REALISM A philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices.
TORT A noncontractual civil wrong.
STATUTE OF LIMITATIONS A law that places a time limit on when a lawsuit can be filed.
SUBSTANTIVE LAWS Laws that define our rights and obligations.
PROCEDURAL LAWS Laws that dictate how we enforce our rights and obligations.
CRIME An act in violation of a criminal statute.
RULES OF COURT Procedural rules adopted by all courts regulating practice in the court.
DUE PROCESS OF LAW The existence of a law that prohibits the conduct in question before the violation occurs; a law that is sufficiently certain and clear so that an individual is capable of knowing what is permissible and what is illegal; a specifically described penalty that is to be imposed in the event a person is found guilty.
JURISDICTION The power or authority to act in a certain situation; the power of a court to hear cases and render judgements.
PREPONDERANCE OF EVIDENCE The amount of proof necessary for most civil cases; more likely than not.
LIABLE A finding of responsibility in a civil case.
INDIGENT Without funds of assets and therefore unable to afford an attorney.
BURDEN OF PROOF The necessity of establishing a particular fact or the necessity of going forward with the evidence.
BEYOND A REASONABLE DOUBT The amount of proof necessary for a conviction in a criminal case.
ACQUITTAL A finding of not guilty in a criminal case.
HUNG JURY A jury that cannot attain the necessary consensus or majority to reach a verdict.
SYLLABUS A summary of a Supreme Court case written by the reporter of decisions, an officer of the Court, appointed by the Supreme Court Justices.
Created by: JacquelineS89
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