1) law-purpose Flashcards
Injunction
And authoritative warning or order
A judicial order that restrains a person for beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act e.g.,to make restitution to an injured party
Statue
A law passed by Congress or the legislative body of the state
Code
A collection or compilation of the statutes passed by a legislative body on a particular subject
Conflict of laws
A body of legal principles used to determine the appropriate law to apply to a litigated case when more than one state is involved.
Attempts to answer which state ( substitute law) applies when there is a choice of possible laws to apply.
Reduces the instances of forum shopping
Procedural law
Laws that established the process by which litigation is conducted
Substantive law
Laws that regulate and control the rights and duties of persons and are used to resolve disputes
Common law
The body of law deriving from judicial decisions
Civil law
A system of law based on legislation or codes as in the European system of codified law
Judicial review
The power of courts to declare laws and executive actions unconstitutional
Ordinance
Generally speaking the legislative act of a municipality. A city Council is a legislative body and it passes ordinances that are the laws of the city
Res judicata
The legal doctrine that once a dispute is litigated been resolved these parties are forever barred from litigating the same matter again quotes.
“The thing has been decided”
Applies only to the parties involved not to quarts and legal precedent
Indictment
A formal charge or accusation of a serious crime.
The function of a grand jury to determine whether a criminal shall be indicted
Dictum, dicta
Statements of the court are not necessary to decide the controversy before the court.
Any statement by a court the scope of which extends beyond issue before the court not binding under the principle of stair deceases but has persuasive affect.
Symplex dictum. Unproven or dogmatic statement
Orbiter dictum. Something said in passing
Judicial dictum. Court opinion on a question argued by counsel nonessential
Gratis victim. Assertion made not obligated not related to record
Dictum proprium: expressed by the judge not necessarily concurred by the court, not essential.