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Ch. 1
Introduction to Law_5th Edition_J.B.Hames_Yvonne Ekern
| Term | Definition |
|---|---|
| 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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