Exam 1 Vocabulary

Question 1

Act

Answer 1

Legislation proposed by a legislative body such as U.S. Congress. When enacted, it has a meaning identical “law,” or “statue.”

Question 2

Administrative Law

Answer 2

The legal principles involved in the workings of administrative agencies within the regulatory process.

Question 3

Breach of contract

Answer 3

A party’s failure to perform some contracted-for or agreed-upon act, or failure to comply with a duty imposed by law.

Question 4

Citation

Answer 4

The reference identifying how to find a case

Question 5

Civil Law

Answer 5

The area of the law governing the rights and duties between private parties as compared with the criminal law. This term also describes the system of codifying law in many countries as compared with the judicial orientation of the common law system.

Question 6

Codes

Answer 6

A compilation of legislation enacted by a federal, state, or local government

Question 7

Common Law

Answer 7

That body of law deriving from judicial decisions as opposed to legislatively enacted statues and administrative regulations.

Question 8

Compensatory Damages

Answer 8

Usually awarded in breach-of-contract cases to pay for a party’s loses that are a direct and foreseeable result of the other party’s breach. The award of these damages is designed to place the non-breaching party in the same position as if the contract had been performed

Question 9

Conflicts Of law

Answer 9

Rule of law the courts use to determine that substantive law applies when there is an inconsistency between laws of different states or countries

Question 10

Constitution

Answer 10

When capitalized, the term refers to the U.S. Federal constitution, which sets out the basic framework for federal government and, as amended, for individual rights

Question 11

Constitutional Law

Answer 11

The legal issues that arise from interpreting the U.S. Constitution or a state constitution

Question 12

Constitutional relativity

Answer 12

The idea that constitutional interpretation is relative to the time in which the Constitution is being interpreted

Question 13

Contract Law

Answer 13

The law of legally enforceable promises

Question 14

Corporate governance

Answer 14

A term that has at least two meanings. One relates to how business organizations are created and managed. A second concerns how the various levels of government regulate how business organizations as they transact business

Question 15

Corporation

Answer 15

An artificial, but legal, person created by state law. As a business organization, the corporation’s separation of owners and managers gives it a high level of flexibility

Question 16

Criminal Law

Answer 16

That area of law dealing with the wrongs against the state as representative of the community at large, to be distinguished from civil law, which hears cases of wrongs against persons

Question 17

Dicta

Answer 17

Statements made in a judicial opinion that are not essential to the decision of the case

Question 18

Exemplary damages

Answer 18

Punitive damages. Monetary compensation in excess of direct losses suffered by the plaintiff that may be awarded in intentional tort cases where the defendant’s conduct deserves punishment.

Question 19

Holding

Answer 19

The precise legal response in an opinion by an appellate court on an issue of law raised on appeal

Question 20

Intentional Torts

Answer 20

No contractual legal wrong caused by one who desires to cause the wrong or where the wrong is substantially likely to occur from the behavior

Question 21

Jurisprudence

Answer 21

The science of law; the practical science of giving a wise interpretation of the law

Question 22

Law

Answer 22

The rules of the state backed up by enforcement

Question 23

Legislation

Answer 23

Laws passed by an elected body such as Congress, a state legislation, or local council/commission. Those laws enacted at the federal and state levels are called statues. At the local level, such laws are often referred to as ordinances

Question 24

Negligence

Answer 24

A person’s failure to exercise reasonable care that foreseeable causes another injury

Question 25

Opinion

Answer 25

The decision of a judge, usually issued in a written form.

Question 26

Ordinances

Answer 26

The legislative enforcement of a city, county, or other municipal corporation

Question 27

Originalism

Answer 27

Stands for the idea that courts should interpret the Constitution according to the intentions of those who wrote it

Question 28

Ownership

Answer 28

The term refers to the exclusive legal right to possess, transfer, and use resources. It is a synonym for “property.”

Question 29

Precedent

Answer 29

A prior judicial decision relied upon as an example of a rule of law

Question 30

Private Law

Answer 30

A classification of legal subject matters that deals most directly with relationships between legal entities. The law of contracts and the law of property are two examples of this classification

Question 31

Procedural Law

Answer 31

The body of rules governing the manner in which legal claims are enforced.

Question 32

Property

Answer 32

A bundle of private, exclusive rights in people to acquire, possess, use, and transfer scarce resources.

Question 33

Appeal

Answer 33

The right of the ligitation parties to have the legal decisions of the trial judge reviewed by an appellate court.

Question 34

Appellate Court

Answer 34

A court that decides whether a trial judge has made a mistake of law

Question 35

Courts of Appeal

Answer 35

A court that reviews decisions by lower courts

Question 36

Diversity of Citizenship

Answer 36

The plaintiffs filing a lawsuit must be from states different from those of the defendants. This requirement, along with more than $75,000 at stake, is one method a federal court gains jurisdiction over the subject matter of a lawsuit

Question 37

Federal Question Cases

Answer 37

Litigation involving the application or interpretation of the federal Constitution, federal statues, federal treaties, or federal administrative agencies. The federal court system has a subject matter jurisdiction over these issues

Question 38

Federal Rules of Civil Procedure

Answer 38

A law passed by congress that provides the procedural steps to be followed by the federal courts when handling civil litigation.

Question 39

Judicial Activism

Answer 39

An activist judge tends to abide by the following judicial philosophies: (1) The political process cannot adequately handle society’s difficult issues; (2) the courts can correct society’s ills through the decision making process; following precedent is not crucial; and (4) “judge-made law” is often n necessary to carry out the legislative intent of the law

Question 40

Judicial Restraint

Answer 40

A judge who abides by the judicial restraint philosophy (1) believes that the political process, and not the courts, should correct society’s ills; (2) decides an issue on a narrow bias, if possible; (3) follows precedent whenever possible; and (4) does not engage in a “judge-made-law” but interprets the letter of the law

Question 41

Judicial Review

Answer 41

The power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional.

Question 42

Petit Jury

Answer 42

The fact-finding body during a trial. Also called a trial or traverse jury.

Question 43

Small-claims Court

Answer 43

A court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, such as $3,000, depending on the state

Question 44

Subject matter jurisdiction

Answer 44

The authority of a court to hear cases involving specific issues of law

Question 45

Supreme Court

Answer 45

The highest appellate court

Question 46

Trial Court

Answer 46

The level of any court system that initially resolves the dispute of litigants. Frequently, but not always, a jury serves as a fact-finding body, while the judge issues rulings on the applicable law

Question 47

Writ of certiorari

Answer 47

A discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal