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. |