Chapter 1: VOCAB Flashcards
Common Law
Originating in 12th century England. The common law was made by judges and was “common” to all of England.
Policy
An argument or theory designed to achieve a particular objective; or, alternatively, the name given to a contract of insurance.
Liability
The consequence to being held to have committed a tort, quantified by the sum of damages awarded.
Remedy
The award or outcome that a victim may obtain by order of a court.
Judge
The person who oversees court proceedings and rules on matters of procedural and substantive law.
Norman French
The French Dialect, originating from the province of Normandy, that became the language of the king of England after the Normans conquered England in 1066.
Defendant
The person against whom a torts claim is brought -in other words, the alleged tortfeaseor.
Assault
This is a tort committed by someone who, with an intent to cause harm to someone other than himself, causes someone (not necessarily the intended victim) to apprehend imminent or offensive contact.
Counsel
Originally derived from the Norman French, meaning advice.
Proof
The level of evidence required in order to transform an allegation into what the law deems to be a fact.
Suit
The consequence of suing, or filling a claim, against another person. Typically expressed in the US as “lawsuit”
Voir Dire
The questioning of a potential jury member about his or her background and beliefs before it is decided whether or not he or she should sit on a jury.
Doctrine
A rule or, more commonly, a principle of law.
Stare decisis
To stand by a decision. A Latinism for the doctrine of precedent.
Writ
Historically, this was the name given to any order issued by a common law court. Nowadays, its usage tends to be confined to describe only certain types of orders.
