click below
click below
Normal Size Small Size show me how
Chapter 1 & 2
The Nature and Sources of Law/The Court System and Dispute Resolution
| Term | Definition |
|---|---|
| statutory law | legislative acts declaring, commanding, or prohibiting something. |
| substantive law | the law that defines rights and liabilities. |
| law | the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. |
| constitution | a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. |
| civil law | the laws that define the rights of one person against another. |
| affirm | action taken by an appellate court that approves the decision of the court below. |
| arbitration | the settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound. |
| court | a tribunal established by government to hear and decide matters properly brought to it. |
| counterclaim | a claim that the defendant in an action may make against the plaintiff. |
| garnishment | the name given in some states to attachment proceedings. |
| voir dire examination | the preliminary examination of a juror or a witness to ascertain fitness to act as such. |
| summary jury trial | a mock or dry-run trial for parties to get a feel for how their cases will play to a jury. |
| redirect examination | questioning after cross-examination, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross-examination. |
| common law | the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. |
| administrative regulations | rules made by state and federal administrative agencies. |
| precedent | a decision of a court that stands as the law for a particular problem in the future. |
| deposition | the testimony of a witness taken out of court before a person authorized to administer oaths. |
| motion for summary judgment | request that the court decide a case on basis of law only because there are no material issues disputed by the parties. |