Chapter 1, 3, and 5 Flashcards
Primary Sources of Law
Constitutions, Legislation/Statutory Law, Administrative Rules & Regulations, Case Law.
Stare Decisis
Legal principle meaning ‘Let the Decision Stand’; cases follow precedent to ensure predictability.
Mandatory Authority
Binding statutes, cases, or regulations that must be followed in a jurisdiction.
Persuasive Authority
Non-binding primary law from another jurisdiction that can be used to persuade a court.
Jurisdiction
The authority of a court to hear and decide a case (Subject Matter & Personal Jurisdiction).
Long Arm Statutes
Allow a state to obtain personal jurisdiction over nonresident defendants.
Federal Question
Cases involving the U.S. Constitution, acts of Congress, or federal regulations.
Diversity of Citizenship
Cases where plaintiffs and defendants are from different states.
NC Trial Courts
Small Claims, District, Superior, and Specialty Business Court.
Alternative Dispute Resolution (ADR)
Negotiation, Mediation, and Arbitration as alternatives to court trials.
Arbitration
Formal dispute resolution method where an arbitrator issues a binding decision.
Stages of Litigation
Pre-Trial, Trial, Post-Trial.
Pleading
The formal process where a plaintiff files a complaint against a defendant.
Motion to Dismiss
Defendant requests dismissal due to lack of jurisdiction or other reasons.
Interrogatories
Written questions sent to a party in a lawsuit, requiring written answers under oath.
Discovery
Process of gathering evidence before a trial, including depositions and document requests.
Rules of Evidence
Evidence must be relevant and not hearsay to be admissible in court.
Verdict
The final decision made by a jury or judge in a trial.
Appeal
A request for a higher court to review a lower court’s decision.
Enforcement of Judgment
Methods include wage garnishment, bank levy, seizing assets, and insurance claims.
