Chapter One: Introduction to Law

Question 1

law

Answer 1

a set of rules and procedures usually intended to regulate some aspect of society

Question 2

civil law

Answer 2

(1) a legal system based on written laws and codes; (2) a type of law that controls private disputes between parties

Question 3

common law

Answer 3

a body of law developed through the courts

Question 4

constitution

Answer 4

a document whose primary purpose is to establish a government and define its powers

Question 5

code

Answer 5

a topical organization of statutes

Question 6

precedent

Answer 6

the example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases

Question 7

stare decisis

Answer 7

“it stands decided”; another term for precedent

Question 8

jurisprudence

Answer 8

study of the philosophy of law

Question 9

natural theory of law

Answer 9

a philosophical theory holding that law reflects the moral and unchangeable laws of our nature

Question 10

legal positivism

Answer 10

a philosophical theory holding that the validity of law is not related to morality

Question 11

legal realism

Answer 11

a philosophical theory holding that laws created by judges and therefore subject to individual beliefs and prejudices

Question 12

tort

Answer 12

a noncontractual civil law

Question 13

statute of limitations

Answer 13

a law that places a time limit on when a lawsuit can be filed

Question 14

substantive laws

Answer 14

laws that define ours rights and obligations

Question 15

procedural laws

Answer 15

laws that dictate how we enforce our rights and obligations

Question 16

crime

Answer 16

an act in violation of a criminal statute

Question 17

rules of court

Answer 17

procedural rules adopted by all courts regulating practices in the court

Question 18

due process of law

Answer 18

the existence of a law that prohibits the conduct in question before the violation occurs; a law that is sufficiently certain and clear so that an individual is capable of knowing what is permissible and what is illegal; a specifically described penalty that is to be imposed in the event a person is found guilty

Question 19

jurisdiction

Answer 19

the power or authority to act in a certain situation; the power of a court to hear cases and render judgments

Question 20

preponderance of the evidence

Answer 20

the amount of proof necessary for most civil cases; more likely than not

Question 21

liable

Answer 21

a finding of responsibility in a civil case

Question 22

indigent

Answer 22

without funds or assets and therefore unable to afford an attorney

Question 23

burden of proof

Answer 23

the necessity of establishing a particular fact or the necessity of going forward with evidence

Question 24

beyond a reasonable doubt

Answer 24

the amount of proof necessary for a conviction in a criminal case

Question 25

acquittal

Answer 25

a finding of not guilty in a criminal case

Question 26

hung jury

Answer 26

a jury that cannot attain the necessary consensus or majority to reach a verdict