Exam 1 Vocabulary Flashcards
Act
Legislation proposed by a legislative body such as U.S. Congress. When enacted, it has a meaning identical “law,” or “statue.”
Administrative Law
The legal principles involved in the workings of administrative agencies within the regulatory process.
Breach of contract
A party’s failure to perform some contracted-for or agreed-upon act, or failure to comply with a duty imposed by law.
Citation
The reference identifying how to find a case
Civil Law
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.
Codes
A compilation of legislation enacted by a federal, state, or local government
Common Law
That body of law deriving from judicial decisions as opposed to legislatively enacted statues and administrative regulations.
Compensatory Damages
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
Conflicts Of law
Rule of law the courts use to determine that substantive law applies when there is an inconsistency between laws of different states or countries
Constitution
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
Constitutional Law
The legal issues that arise from interpreting the U.S. Constitution or a state constitution
Constitutional relativity
The idea that constitutional interpretation is relative to the time in which the Constitution is being interpreted
Contract Law
The law of legally enforceable promises
Corporate governance
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
Corporation
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
Criminal Law
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
Dicta
Statements made in a judicial opinion that are not essential to the decision of the case
Exemplary damages
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.
Holding
The precise legal response in an opinion by an appellate court on an issue of law raised on appeal
Intentional Torts
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
Jurisprudence
The science of law; the practical science of giving a wise interpretation of the law
Law
The rules of the state backed up by enforcement
Legislation
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
Negligence
A person’s failure to exercise reasonable care that foreseeable causes another injury
Opinion
The decision of a judge, usually issued in a written form.
Ordinances
The legislative enforcement of a city, county, or other municipal corporation
Originalism
Stands for the idea that courts should interpret the Constitution according to the intentions of those who wrote it
Ownership
The term refers to the exclusive legal right to possess, transfer, and use resources. It is a synonym for “property.”
Precedent
A prior judicial decision relied upon as an example of a rule of law
Private Law
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
Procedural Law
The body of rules governing the manner in which legal claims are enforced.
Property
A bundle of private, exclusive rights in people to acquire, possess, use, and transfer scarce resources.
Appeal
The right of the ligitation parties to have the legal decisions of the trial judge reviewed by an appellate court.
Appellate Court
A court that decides whether a trial judge has made a mistake of law
Courts of Appeal
A court that reviews decisions by lower courts
Diversity of Citizenship
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
Federal Question Cases
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
Federal Rules of Civil Procedure
A law passed by congress that provides the procedural steps to be followed by the federal courts when handling civil litigation.
Judicial Activism
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
Judicial Restraint
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
Judicial Review
The power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional.
Petit Jury
The fact-finding body during a trial. Also called a trial or traverse jury.
Small-claims Court
A court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, such as $3,000, depending on the state
Subject matter jurisdiction
The authority of a court to hear cases involving specific issues of law
Supreme Court
The highest appellate court
Trial Court
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
Writ of certiorari
A discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal
