CPCU 530 Ch. 1 Flashcards
The principle that lower courts must follow precedents set by higher courts
Doctrine of stare decisis
Fairness, or a body of principles constituting what is fair and right
Equity
The branch of the law that imposes penalties for wrongs against society
Criminal law
A classification of law that applies to legal matters not governed by criminal law and that protects rights and provides remedies for breaches of duties to others
Civil law
A classification of law that creates, defines, and regulates parties rights, duties, and powers
Substantive law
A classification of law that prescribes steps, or processes, for enforcing the rights and duties defined by substantive law
Procedural law
A part of the 14th amendment to the US constitution prohibiting the state laws that discriminate unfairly or arbitrarily, and requiring equal treatment to all persons under like circumstances and conditions
Equal protection clause
An association of insurance commissioners from the 50 US states, the district of Columbia, and the five US territories and possessions, whose purpose is to coordinate insurance regulation activities among the various state insurance departments
National Association of Insurance Commissioners (NAIC)
The power of a court in which cases are initiated to hear those cases
Original jurisdiction
The authority of federal district courts to hear cases involving parties from different states that involve amounts in controversy over a legal minimum
Diversity jurisdiction
An appellate of federal district court’s order directing a lower court to deliver its record in case for appellate review
Writ of certiorari
A body of law that resolves questions when state’s laws conflict
Conflicts of law
The statutory laws that grant power to administrative agencies to act and the body of law that is created by administrative agencies themselves
Administrative law
A claim made in the complaint by the plaintiff, specifying what the plaintiff expects to prove to obtain a judgement against the defendant
Allegation
The allegations made by the plaintiff in a lawsuit
Complaint
A formal written statement of the facts and claims of each party to a lawsuit
Pleading
A plaintiff’s legal grounds to sue a defendant
Cause of action
A document filed in court by a defendant responding to a plaintiff’s complaint and explaining why the plaintiff should not win the case
Answer
A complaint brought by the defendant against the plaintiff
Counterclaim
A formal request for the court to take a particular action
Motion
A request that a court terminate an action because of settlement, voluntary withdrawal, or procedural defect
Motion to dismiss
A pretrial request asking the court to enter a judgement when no material facts are in dispute
Motion for summary judgement
A pretrial exchange of all relevant information between the plaintiff and defendant
Discovery
A pretrial discovery tool involving oral examination of a witness to produce a written verbatim record
Deposition
Specific written questions or requests raised by one party to a lawsuit that the opposing party must answer in writing
Interrogatories
A legal order to a witness to appear at certain place and time to testify or to produce documents
Subpoena
Questioning one’s own witness during a legal proceeding
Direct examination
Questioning an opposing party during a legal proceeding to bring out information favorable to the questioner’s own position or to challenge the witness’s testimony
Cross-examination
A quality of evidence that suggests the evidence is more or less likely to be true
Relevance
A quality of evidence that tends to establish a particular element of the claim that has legal significance
Materiality
A quality of evidence that suggests the source is reliable and the evidence is adequate to justify admission in court
Competence
The rule of evidence that prevents the admission of out of court statements not made under oath by a person who is unavailable to testify
Hearsay rule
A kind of verdict that entails a complete finding and a single conclusion by a jury on all issues presented
General verdict
A kind of verdict reached by a jury that makes findings of fact by answering specific questions posed by the judge. The judge then applies the law to the facts as the jury has found them
Special verdict
A doctrine that bars parties to a lawsuit on which final judgement has been rendered from bringing a second lawsuit on the same claim or on related transactions
Res judicata
Procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation
Alternative dispute resolution (ADR)
An alternative dispute resolution method in which disputing parties use neutral outside party to examine the issues and develop a mutually agreeable settlement
Mediation
A type of substantive administrative agency rule that comes from a statutory delegation of authority and that has the same force as a law enacted by congress or a legislature
legislative rule
A type of administrative rule that interprets statues, providing guidance for agency staff or regulated parties, but that lacks the force and effect of law and therefore is not binding on individuals
Interpretative rule
A type of administrative agency rule that prescribes procedure for agency operations, legislative rule making, and adjudication proceedings
Procedural rule
A party’s right to sue, as one who has suffered or will suffer a legal wrong or an adverse effect from an action
Standing to use
An administrative agency’s final conclusion or disposition of any material private right of a party, terminating an agency proceeding
Final order
The completion of all possible administrative procedures and appeals in a case; required before a party can appeal an agency action to a court
Exhaustion of administrative remedies
