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Intro 2 law
Introduction to law class vocabulary
| Question | Answer |
|---|---|
| adversarial system | a system of justice involving conflicting parties where the role of the judge is to remain neutral |
| defendent | A person charged with a crime or against whom a civil action has been filed. |
| due process of law | Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty or property. |
| federalism | The constitutional distribution of government power and responsibility between the national government and the states. |
| lex talionis | The ancient law of retaliation. |
| natural law | Principles of human conduct believed to be ordained by God or nature, existing prior to and superseding human law. |
| plaintiff | The party who started a legal proceeding |
| positive law | The written law enforced by government. |
| rule of law | The idea that law, not the discretion of officials, should govern public affairs. |
| stare decisis | The principle that past decisions should stand as precedents for future decisions: “To stand by decided matters.” |
| united states constitution | The fundamental law of the United States of America setting forth the structure and powers of government and the rights of the people. |
| alternative dispute resolution | Any method of resolving disputes without judicial adjudication. |
| appellate jurisdiction | The authority of a court of law to hear an appeal or otherwise review a decision made by a lower court. |
| arbitration | Method of settling a dispute between parties involving a referee or panel of referees who decide the matter on the merits after presentations by the disputants. |
| diversity of citizenship jurisdiction | The authority of federal courts to hear cases in which the parties are citizens of different states and the amount in controversy exceeds $75,000. |
| federal question jurisdiction | The authority of federal courts to decide issues of national law. |
| jurisdiction (generally) | The power or authority of a court, or tribunal, to hear and decide certain types of cases between parties of a specific geographical region. |
| legislature | An elected lawmaking body, Congress at the federal level and one for each state government. |
| mediation | A non-adversarial process of dispute typically by a neutral party assists in the resolution without providing the resolution. Parties are fully informed, explore their issues and settlement alternatives, and craft a mutually acceptable resolution. |
| negotiation | Method of settling a dispute between parties without a formal trial. |
| affirmative action | A broad term referring to a variety of efforts designed to assist women and minority groups. |
| bill of rights | The first 10 amendments to the Constitution |
| checks and balances | Governmental powers are given to different branches of the government |
| concurrent powers | Powers are exercised jointly by the federal and state governments. |
| contract clause | Constitutional provision that prohibits legislatures from passing laws that impair the obligation of contracts |
| enumerated powers | Powers are specifically stated in the Constitution. |
| implied powers | Powers necessary for a government to carry out its explicit duties. |
| preceden | A judicial decision cited as authority controlling or influencing the outcome of a similar case. |
| prior restraint | An official act preventing publication of a particular work. |
| standing | The right to initiate a legal action or challenge based on the fact that one has suffered or is likely to suffer a real and substantial injury. |
| accessory to a crime | A person who assisted with the crime but did not directly participate. |
| beyond a reasonable doubt | The government’s burden of proof in a criminal case |
| exclusionary rule | Prohibits use of illegally obtained evidence in a criminal prosecution. |
| fruit of the poisonous tree doctrine | Evidence obtained from other inadmissible evidence is also excluded by the court. |
| inchoate offense | A series of steps or activity directed toward the completion of a crime. |
| mens rea | Criminal Intent |
| principal to a crime | A person directly involved in committing a crime |
| probable cause | Sufficient grounds, based upon known facts, to believe a crime has been committed. |
| search | An intrusion by law enforcement or other government officials that affects an individual’s legally protected zone of privacy |
| seizure | An action by the police when they take possession or control of property or persons |
| "but for" test | One test used to find negligence. |
| comparative negligence | Doctrine that allows a plaintiff to recover damages from a defendant in a negligence action even though the plaintiff’s own negligence contributed to the harm suffered by the plaintiff. |
| comparative negligence 2 | However, the plaintiff’s damages are reduced based on the amount of the plaintiff’s own negligence. |
| contributory negligence | A common law doctrine that provides that where a plaintiff’s own negligence contributed to the harm suffered by the plaintiff the plaintiff cannot recover damages against the defendant for that harm |
| intentional acts | Acts committed purposely |
| intervening act | An act, human or natural, that occurs after the original tort. The act can excuse the original tort unless it was foreseeable by the tortfeasor. |
| negligent acts or omissions | Acts or omissions committed by a person who fails to act as a reasonably prudent person would act under identical circumstances. |
| proximate cause | The cause that is nearest to a given effect. A cause and effect relationship. |
| reasonable person | The hypothetical person referred to by courts as the objective standard for judging a person's acts or omissions giving rise to an action in tort. |
| Res ipsa loquitor | the thing speaks for itself |
| tort | A wrong or injury other than a breach of contract for which the remedy is a civil suit for damages. |
| acceptance | When a party agrees to an offer. |
| bilateral contract | A contract where two parties exchange promises |
| capacity | The legal ability to enter into a contract |
| consideration | The exchange of value in a contract |
| corporation | An artificial entity created for business purposes |
| implied contract | A contract between parties based on the actions or inactions of the parties. |
| offer | A proposal to enter into a contract |
| partnership | A business organization formed by two or more persons who share profits and losses. |
| Sole Proprietorship | A business owned by only one person. |
| unilateral contract | When one party makes a promise in exchange for an act or performance |
| appellate procedure | The rules followed by appellate courts. |
| cause of action | A right to bring suit based on someone’s breach of a legal duty. |
| civil procedure | The rules used by civil courts. |
| damages | Monetary compensation awarded by a court. |
| direct evidence | Evidence that proves a fact without the need for inferences or presumptions |
| indirect evidence | Inferences (presumptions) that tend to prove the existence of a particular fact or the assertion of that fact. Also know as circumstantial evidence. |
| opening statement | Gives the jurors an outline of the case |
| peremptory challenge | Excusing a potential juror without stating a reason. |
| rules of evidence | Governs the exclusion and introduction of evidence in courts. |
| voir dire | Selection of the jury |
Created by:
nnation922
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