derp Flashcards

bleh

1
Q

cause of action

A

a claim based on law and facts that is sufficient to support a lawsuit

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2
Q

stare decisis

A

doctrine stating that once a court has ruled a certain way on a matter, other courts in the same jurisdiction must rule the same way given similar facts unless pursuaded otherwise

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3
Q

precedent

A

one or more prior court decisions

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4
Q

pleadings

A

the papers that begin a lawsuit (usually complaint + answer)

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5
Q

case brief

A

summary of specific court decisions

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6
Q

law office memorandum

A

unbiased analysis of a client’s case for within a law firm

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7
Q

appellate brief

A

document written to persuade a court of a client’s case’s merit

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8
Q

lawyer / attorney

A

a person who has been officially licensed to practice law in a state or jurisdiction

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9
Q

paralegal

A
  1. person who is qualified by training, education, or experience
  2. to be employed or retained by a legal entity
  3. who performs specific delegated substantive legal work
  4. for which a lawyer is responsible
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10
Q

law

A

rules of conduct decreed and enforced by the government that define which conduct is either required or prohibited

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11
Q

natural law

A

rules of conduct based on the study of nature and humanity’s sense of right & wrong

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12
Q

constitutional law

A

principles and rules that are explicitly stated in, or inferred from, government constitutions

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13
Q

statute

A

a law enacted by a state legislature or by congress

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14
Q

code

A

a compilation of statutes organized by subject rather than date of enactment

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15
Q

ordinance

A

law enacted by local government

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16
Q

power of judicial review

A

power of a court to review, interpret, and potentially invalidate a constitutional law. i.e. power of judiciary branch to regulate the executive and legislative

17
Q

federalism

A

division of power between state and national governments

18
Q

administrative law

A

rules and regulations created by specialized government agencies aka the fourth branch of the government

19
Q

common law

A

a body of law that has evolved from judicial decisions in cases (precedent) rather than written law

20
Q

derogation of common law

A

legislation that changes common law

21
Q

codification of common law

A

enactment of laws covering an issue previously governed by common law

22
Q

equity court

A

a court that uses its power to do justice when the law would otherwise limit their decisions to monetary awards. examples: injunction, specific performance,

23
Q

injunction

A

a type of equitable remedy that requires a party to perform or cease doing a specific act

24
Q

specific performance

A

a type of equitable remedy that requires a party to fulfill their contractual obligations