Chapter 1 Legal Heritage and the digital age Flashcards
English Common Law meaning
The decisions of English judges that become precedent to later judges in similar cases.
What are Merchant courts?
specialized courts developed to resolve commercial disputes based on trade customs and practices.
How where Law Courts Created?
At first, there was no country wide law system. This system was later transformed to exercise the law in a uniform manner in courts that were called Law Courts
What are Equity Courts?
established to provide fair remedies when law courts resulted in unfair outcomes or had limited solutions.
What is an Administrative Agency?
a government body created to enforce and regulate specific laws. These agencies have the authority to create rules, enforce regulations, and adjudicate disputes within their area of expertise.
What is stare dicisis?
a legal principle that means “to stand by things decided.” It requires courts to follow precedents set by previous court decisions when ruling on similar cases.
What is a Writ of Certiorari?
an order issued by a higher court, typically the U.S. Supreme Court, directing a lower court to send up the record of a case for review.
Jurisdiction of Federal Courts
Federal courts have jurisdiction over cases involving federal law, the U.S. Constitution, treaties, and disputes between states or between citizens of different states when the amount in controversy exceeds $75,000.
what is In personum jurisdiction?
It requires that the defendant has sufficient minimum contacts with the state where the court is located.
What is the difference between a Choice of Law Clause and a Choice of Forum Clause?
A choice of law clause specifies the applicable substantive law, while a choice of forum clause determines the jurisdiction where disputes will be adjudicated 2.
What is in Rem Judirisdiction?
is a court’s authority over property rather than a person.
What are the Four major pre-trial phases?
Filling complaint, Discovery, Pre-trial motions, & Settlement Negotiations.
Who is a plaintiff in a legal case?
The plaintiff is the person or party who initiates a lawsuit by filing a complaint in court.
What is a complaint in a legal case?
the initial document filed by the plaintiff to start a lawsuit.
What is a summons in a legal case?
A summons is an official notice issued by the court and delivered to the defendant along with the complaint.
What is an answer in a legal case?
An answer is the defendant’s formal written response to the plaintiff’s complaint.
What is a cross-complaint in a legal case?
A cross-complaint is a legal document filed by the defendant against the plaintiff or a third party, asserting claims related to the original lawsuit.
What is discovery in a legal case?
the pre-trial phase where both parties gather evidence and information from each other to build their case.
What is a default judgment in a legal case?
a ruling issued by the court in favor of the plaintiff when the defendant fails to respond to the complaint or appear in court within the required time frame.
What is a deposition in a legal case?
is a formal, out-of-court oral testimony given under oath by a witness or party involved in the case.
What is voir dire in a legal case?
the process of questioning potential jurors to determine their suitability to serve on a jury.
What are jury instructions in a legal case?
are directions given by the judge to the jury at the end of a trial
What are reserved powers in the U.S. Constitution?
Reserved powers are those not granted to the federal government nor prohibited to the states by the U.S. Constitution. These powers ensure a balance between federal and state authority, maintaining the principle of federalism.
What are jury deliberations in a legal case?
Are the private discussions among jurors who must work together to ensure a fair and just decision.
