Exam 1 Terms Flashcards
ACLU
American Civil Liberties Union
Arbitration
Similar to mediation, arbitration is a method of solving a dispute between two parties with the assistance of a neutral third party. Arbitrations usually consist of a binding determination, but they may be advisory, or conditionally binding.
Act
Statutory plan passed by Congress or any legislature, which is a “bill” until enacted and becomes law.
Administrative Agency
A governmental body, usually part of the executive branch, charged with implementing particular laws enacted by Congress. Each respective statutory grant of authority defines the goals to work towards, as well as what substantive areas, if any, it may have the power of rulemaking over. These rules, regulations, orders, and decisions (while in force) have the power of federal law in the United States.
Amendment Note
A federal or state code publisher’s note, following a statute that has been changed, alerting readers as to the exact changes and when they occurred. The note may be known by various names, depending on the publisher.
Answer
the pleading filed by the defendant in response to the plaintiff’s complaint.
Appellant
the party who requests that a higher court review the actions of a lower court.
Appellate Court
A court having appellate jurisdiction that normally does not hear evidence or testimony but reviews the transcript of the trial court’s proceedings, other records relating to the case, and the attorneys’ respective arguments as to why the trial court’s decision should or should not stand.
Appellee
the party against whom an appeal is taken (usually but not always, the winner in the lower court).
Bill
a legislative proposal introduced in the legislature that has not been enacted into law.
Case Law
law created by reported judicial decisions.
Case Note
A federal or state code publisher’s note, following a statute, that summarizes the published judicial opinions that have cited that statute. The note may be known by various names, depending on the publisher. ex. NOTES OF DECISIONS
Cause of Action
a claim in law and fact sufficient to bring the case to court; the grounds for a lawsuit.
Certiorari
a writ issued by a superior court requiring a lower court to produce the records of a particular case. A writ of certiorari is a discretionary device used by the Supreme Court to select the cases it wishes to hear.
Chilling effect
to intimidate so that a person refrains from speaking.
Civil Law
The branch of law that spells out the duties that individuals in society owe to other persons or to their government, excluding the duty not to commit crimes.
Commerce Clause
The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate interstate commerce (commerce involving more than one state).
Commercial Speech
Advertising statements that describe products. This kind of speech receives less protection under the First Amendment than ordinary speech.
Common Law
Traditional case law based upon custom and precedent, which serves as the foundation of the American legal system (except for Louisiana).
Complaint
The initial pleading that includes a statement regarding the court’s jurisdiction, a statement of the claim upon which relief is sought, and the relief requested.
Contributory Infringement
Indirectly helping another to directly copy a copyrighted work.
Constitutional Law
Law based on the U.S. Constitution and the constitutions of the various states.
Copyright
An intangible right granted by statute to the author or originator of certain literary or artistic production, whereby he or she is invested, for a limited period, with the sole and exclusive priviledge of multiplying copies of the same and publishing and selling them. This right protects only the expression of an idea, and not the idea itself.
Criminal Law
The branch of law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.
Cybersquatter
Someone who registers someone else’s domain name or its misspelling.
Damages
Monetary compensation awarded by a court for an injury caused by the act of another.
Defamation
The offense of injuring a person’s character, fame, or reputation by false and malicious statements; the term includes both libel (written) and slander (oral).
Defendant
The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.
Derivative work
A work based upon one or more pre-existing works, such as a translation, reproduction, abridgement, condensation, or any other form in which a work may br recast, transformed, or adapted.
Digital Signature
A number generated by a complex mathematical formula that can be used, in combination with specialized software, to authenticate the sender of a message and that the content has not been altered in transit.
