Introduction to law class vocabulary
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| adversarial system | a system of justice involving conflicting parties where the role of the judge is to remain neutral
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| defendent | A person charged with a crime or against whom a civil action has been filed.
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| due process of law | Procedural and substantive rights of citizens against government actions
that threaten the denial of life, liberty or property.
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| federalism | The constitutional distribution of government power and responsibility between the
national government and the states.
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| lex talionis | The ancient law of retaliation.
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| natural law | Principles of human conduct believed to be ordained by God or nature, existing
prior to and superseding human law.
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| plaintiff | The party who started a legal proceeding
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| positive law | The written law enforced by government.
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| rule of law | The idea that law, not the discretion of officials, should govern public affairs.
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| stare decisis | The principle that past decisions should stand as precedents for future decisions:
“To stand by decided matters.”
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| 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.
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| alternative dispute resolution | Any method of resolving disputes without judicial adjudication.
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| appellate jurisdiction | The authority of a court of law to hear an appeal or otherwise review a
decision made by a lower court.
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| 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.
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| 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.
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| federal question jurisdiction | The authority of federal courts to decide issues of national law.
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| 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.
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| legislature | An elected lawmaking body, Congress at the federal level and one for each state
government.
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| 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.
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| negotiation | Method of settling a dispute between parties without a formal trial.
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| affirmative action | A broad term referring to a variety of efforts designed to assist women and
minority groups.
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| bill of rights | The first 10 amendments to the Constitution
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| checks and balances | Governmental powers are given to different branches of the government
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| concurrent powers | Powers are exercised jointly by the federal and state governments.
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| contract clause | Constitutional provision that prohibits legislatures from passing laws that impair the obligation of contracts
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| enumerated powers | Powers are specifically stated in the Constitution.
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| implied powers | Powers necessary for a government to carry out its explicit duties.
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| preceden | A judicial decision cited as authority controlling or influencing the outcome of a similar case.
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| prior restraint | An official act preventing publication of a particular work.
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| 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.
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| accessory to a crime | A person who assisted with the crime but did not directly participate.
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| beyond a reasonable doubt | The government’s burden of proof in a criminal case
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| exclusionary rule | Prohibits use of illegally obtained evidence in a criminal prosecution.
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| fruit of the poisonous tree doctrine | Evidence obtained from other inadmissible evidence is also excluded by the court.
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| inchoate offense | A series of steps or activity directed toward the completion of a crime.
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| mens rea | Criminal Intent
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| principal to a crime | A person directly involved in committing a crime
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| probable cause | Sufficient grounds, based upon known facts, to believe a crime has been committed.
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| search | An intrusion by law enforcement or other government officials that affects an individual’s legally protected zone of privacy
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| seizure | An action by the police when they take possession or control of property or persons
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| "but for" test | One test used to find negligence.
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| 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.
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| comparative negligence 2 | However, the plaintiff’s damages are reduced based on the amount of the plaintiff’s own negligence.
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| 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
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| intentional acts | Acts committed purposely
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| 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.
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| 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.
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| proximate cause | The cause that is nearest to a given effect. A cause and effect relationship.
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| 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.
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| Res ipsa loquitor | the thing speaks for itself
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| tort | A wrong or injury other than a breach of contract for which the remedy is a civil suit for damages.
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| acceptance | When a party agrees to an offer.
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| bilateral contract | A contract where two parties exchange promises
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| capacity | The legal ability to enter into a contract
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| consideration | The exchange of value in a contract
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| corporation | An artificial entity created for business purposes
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| implied contract | A contract between parties based on the actions or inactions of the parties.
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| offer | A proposal to enter into a contract
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| partnership | A business organization formed by two or more persons who share profits and losses.
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| Sole Proprietorship | A business owned by only one person.
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| unilateral contract | When one party makes a promise in exchange for an act or performance
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| appellate procedure | The rules followed by appellate courts.
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| cause of action | A right to bring suit based on someone’s breach of a legal duty.
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| civil procedure | The rules used by civil courts.
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| damages | Monetary compensation awarded by a court.
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| direct evidence | Evidence that proves a fact without the need for inferences or presumptions
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| 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.
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| opening statement | Gives the jurors an outline of the case
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| peremptory challenge | Excusing a potential juror without stating a reason.
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| rules of evidence | Governs the exclusion and introduction of evidence in courts.
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| voir dire | Selection of the jury
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