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Legal Risk

Quiz 1

TermDefinition
Civil Law Body of Law that deals with wrong done to a legal person (individual or business), disputes between individuals, organizations; the claimant sues the defandant.
Criminal Law Body of Law that deals with wrong done to society at large; the state prosecutor constitutes the accusation.
Objective of a civil lawsuit Remedy for claimant. Verdict : liable
Objective of a criminal case Punishment of the defendant. Verdict : innocent / guilty.
Sanction or remedies in civil law Damages, specific performance
Sanction or remedies in criminal law Punishment: fines, prison, death (in some states)
Damage A word often used to mean the loss caused by an injury
Case Law / Common Law / Judge-made Law Law between two private parties, looking at the decision of a court, a judge
Constitution Relation between parliaments, government
Satuatory law / Legislative statute Guide line, written rules made by the parliament, includint senat, other house
Federal popular initiative Instrument of CH direct democracy to change the Swiss Federal Constitution. Need 100'000 valid signatures in 18 months
Referendum Instrument of CH direct democracy. Mandatory when there is a change in constitution. Optional : need 50'000 valid signatures in 100 days
National / Domestic Law Law applied in one country
International Law Law applied in more than one country
Common Law Legal System System with high importance of court decisions. Doctrine of precedent principe of stare decisis
Civil Law Legal System System with high importance of written laws and where the judge is a law-interpreter
Courts of first instance In the national court hierarchy, courts in which the judges are bound to the decisions coming from the judges from the 2 higher courts
Appeal Courts In the national court hierarchy, court in which the judges are bound to the decisions coming from the judges from the higher court but not from the lower court.
Court of last resort In the national court hierarchy, highest court. The judges are not bound to the decisions coming from the judges from the lower courts.
Supreme Court System US Court structure with 1: State Trial Courts / 2: State Appeal Courts / 3: State Supreme Court
Federal Court System US Court structure with 1: District Courts / 2: Courts of Appeal / 3: US Supreme Court
Double jeopardy Forbids a defendant from being trie again for the same criminal offense.
Alternative Dispute Resolution (ADR) Dispute resolution by third party resolution: independent, unbiased individual
Abritration Agreement that a third person will make the decision. --> The decision is binding, both parties must accept it (named award). If refused --> court.
Arbirtrator "private judge"
Mediation Used for many civil cases. If you settle, you have more control on the decision than in court. The decision is not binding (named settlement)
Mediator Works to find points of agreement, meets with each party
Jury Group of people without any legal background or educaton. Non professional judges. Mostly for criminal cases. If you don't come for <...> duty, you can get arrested. In the US, it is a constitutional right. Does not exist is CH.
Federal Law (Branch of Law) Laws that apply throughout the entire US in every state. Consists of the US constitution, statutes enacted by congress, treaties & presidential orders
State Law (Branch of Law) Laws that apply only to specific states that have been implemented & decided on by those involved in the management of that specific state
Compensatory Damages Monetary compensation for actual loss or injury
Punitive Damages / examplary Amount awarded by a court to the victim of an intentional tort, in addition to other damages; designed to punish the tortfeasor and serve as an example to others
Nominal Damages Insignificant amount (such as 1$) awarded by a court when the defendant has violated the rights of the plaintiff but no monetary loss has been suffered or can be proved
Public Law The body of law directly concerned with public rights and obligations (constitutional, administrative, criminal and international law)
Public Law The body of law regulating the rights & duties existing between private persons. Consists of civil law, labor law, competition law.
Parliament Legislative body, usually elected by people
Amendments to the constitution Modification to the constitution
To appeal To ask for one's case to be reexamined by a new, higher court of justice
Defamation Publication (communication to others) of an untrue statements that harms a person's reputation in words, pictures, gestures, and other acts
Precedent A court decision on a question of law that gives authority or direction on a similar question of law in a later case with similar facts
Jurisdiction Power or authority the federal governments is given to enact statutes under the US constitution
Judge law person or legally qualified professional that deliver verdict and sentence. Law interpreter
Prosecutor Lawyer for the state
Legislative power Make the laws that govern the state
Executive power Applies the laws and governs (manages) the state
Judicial power Ensures that the laws are respected (which includes applying appropriate sanctions)
Plaintiff The party who initiates the lawsuit (usually suffered from injury or loss)
Defendant The party sued for violating law, making someone suffering an injury/loss
Complaint Document issued by the plaintiff that contains allegations
Allegations unproven statements that, when combined, constitue one or more claim(s) against the defendant
Motion Request to a judge for relief that is made while a lawsuit is ongoing (extension of time, request to clarify the allegations in the complaint, or for dismissal of the lawsuit because the court lacks jurisdiction)
Created by: IsabCamp