Harvard's 0L course

Question 1

Public Law

Answer 1

The set of laws that governs the relationship between citizens and their government. This includes constitutional law, administrative law, and much of criminal law.

Question 2

Private Law

Answer 2

The set of laws that governs the relationship of private citizens with each other. Examples include contract law, tort law, and property law.

Question 3

State Action Doctrine

Answer 3

The constitutional law principle that the constitution applies only to state action toward individuals, NOT actions between individuals where there is no state involvement.

Question 4

Substantive Law

Answer 4

The law that governs how people are to behave. This is the “semantics” of law.

Question 5

Procedural Law

Answer 5

The law that governs how to make use of the legal system, including how to make and enforce laws. This is law’s “grammar”.

Question 6

Jurisdiction

Answer 6

The power to make legal decisions and judgements. To say that a court “has jurisdiction” refers to its power to pronounce law, especially its power to hear a certain type of case or adjudicate disputes between particular persons. But “Jurisdiction” is sometimes used in other contexts; “this jurisdiction” refers to “this state” or “this nation’s laws”

Question 7

Civil Law Jurisdiction

Answer 7

A legal system built around comprehensive codes. Examples include France, Germany, and the state of Louisiana, for some reason.

Question 8

Common Law Jurisdiction

Answer 8

A legal system where law is made largely by court decisions rather than legal codes. Examples include the US and other former British colonies.

Question 9

Tribal Law

Answer 9

Law created by a tribal government that applies to tribal members and territories. There are over 500 tribal governments recognized in the U.S.

Question 10

Domestic Law

Answer 10

The law that is made by U.S. sovereigns and governs activities on U.S. soil. In some cases, it may also govern U.S. citizens or others within the jurisdictional power of the U.S. even though they may not be physically present in the US.

Question 11

International Law

Answer 11

The set of rules that countries follow in dealing with each other. This includes the relationship btwn sovereign states and international entities, such as the ICC, as well as supranational law, such as the law of the European Union that governs its members.

Question 12

Constitutional Law

Answer 12

The body of law that derives from the U.S. constitution. It defines the role of the branches of the federal gvmnt, divides authority between the fed and the states, and enumerates the basic rights of citizens. States also have constitutional law based on their state constitutions, but usually that’s not what people mean when discussing “con law” unless it is specified.

Question 13

Statue

Answer 13

A law passed by the legislative branch.

Question 14

Bicameralism

Answer 14

Two chambers/houses. Federal statues must pass in both before proceeding to the president’s desk.

Question 15

Presentment

Answer 15

The practice of presenting a federal statue passed by both chambers to the president for signature before it becomes law.

Question 16

Regulation

Answer 16

A rule issued by a government agency that has the force of law. Sometimes the word “regulation” or “regulate” is also used more informally by lawyers to refer to governance. EG: “How should we regulate autonomous vehicles?”

Question 17

Sovereign

Answer 17

A person or institution habitually obeyed in a well-defined territory, but who or which does not habitually obey any other person or institution.

Question 18

Legal Positivism

Answer 18

The idea that a rule is a law if, and only if, the rule is the command of the sovereign to its subjects and if the failure to follow that rule is backed up by the threat of punishment.. Associated w John Austin & Jeremy Bentham.

Question 19

The Rule of Recognition

Answer 19

A social rule that specifies what counts as a law and what does not. Associated with HLA Hart. Hart used the Rule of Recognition to replace the idea of “sovereign” in his formulation of legal positivism.

Question 20

Natural Law

Answer 20

An opposing picture to legal positivism of the nature of law. This view is committed to the idea that law has a moral core, that moral facts determine legal content.

Question 21

Liability

Answer 21

Legal responsibility. Someone is liable for a harm suffered by a party when he is legally and financially responsible for that harm.

Question 22

Federal

Answer 22

Relating to the US Government (as opposed to US state governments)

Question 23

Federalism

Answer 23

A form of government, such as the US, in which power is divided between a central (federal) gvmnt and regional (state) gvmnts.

Question 24

Invalid

Answer 24

Not legally binding. In the context of this module, a law could be said to be “invalid” if it violates the constitution.

Question 25

Consitutional Amendment

Answer 25

A change to the constitution proposed by either the congress (w 2/3 majority in both house + senate) or by a constitutional convention called by 2/3 of the state legislatures.

Question 26

Duty to Retreat

Answer 26

Also known as a “retreat rule.” A requirement of the criminal law of some states that you may not claim self-defense if you could have safely retreated, but did not, before using deadly force against a deadly attacker.

Question 27

Article III

Answer 27

The section of the U.S. Constitution that establishes and empowers the judicial branch of the federal government.

Question 28

District Court

Answer 28

In the federal system, the general trial court (sometimes called a “court of first instance”)

Question 29

Plea Bargain

Answer 29

Agreement in a criminal case btwn a prosecutor and defendant in which defendant pleads guilty in exchange for limited charge or reduced sentence.

Question 30

Allegation

Answer 30

A statement that something is true that has not yet been proven. Often it refers to a factual assertion that a party claims can be proven at trial.

Question 31

Standard of Review

Answer 31

The amount of deference given by an appellate court in reviewing the decision of a lower court. The standard of review that a court applies depends on the context of the case, the nature of the factual or legal issue being appealed, and the judicial body that made the decision.

Question 32

Legal Issue

Answer 32

A question relating to the law by which a case is to be decided, as opposed to “factual issues.”

Question 33

Appeal

Answer 33

The review in one court of the proceedings and decisions of another, either as to law or fact, or both.

Question 34

Appellate

Answer 34

Adjective; ‘relating to courts of appeal’.

Question 35

En Banc

Answer 35

French for “on the bench”. In the federal system en banc refers to an appeal in which all the qualified judges hear and decide the case, instead of just a subset (as is typical in appeals).

Question 36

The U.S. Supreme Court

Answer 36

Highest federal court. Has final appellate jurisdiction over all fed court decisions and also hears state court cases that turn on issues of federal law (if it wants to).

Question 37

Certiorari

Answer 37

The Supreme Court’s discretionary review of an action by a lower court or agency. To request that the Supreme Court hear an appeal, a party must file a petition (pleading) for certiorari. If the Court decides to hear the appeal, it will issue a writ of certiorari, which orders the lower court to provide its files and records for review. Often called “cert.” for short.

Question 38

Precedent

Answer 38

A decision made in an earlier case that resolves (or at least has bearing on) a legal question in a new case. It may serve as a reason to resolve similar legal questions in the same way. Alternatively, a court or an advocate may try to “Distinguish precedent” and explain why it doesn’t apply in this case.

Question 39

Appeal As of Right

Answer 39

When an appellate court is required to hear an appeal, as opposed to a “discretionary appeal” which is when an appellate court can decide whether or not to hear an appeal.

Question 40

Family Court

Answer 40

A court with jurisdiction over affairs of children and families.

Question 41

Probate Court

Answer 41

A court with jurisdiction over matters relating to guardianships, wills, trusts, and estates.

Question 42

Juvenile Court

Answer 42

A court with jurisdiction over criminal cases involving minors.

Question 43

Municipal Court

Answer 43

A court organized within a city, village, or township, with jurisdiction over offenses under local ordinances and certain petty offenses.

Question 44

Primary

Answer 44

A selective mechanism by which members of a political party express their preference in the selection of the party’s candidates for public office.

Question 45

Retention Election

Answer 45

A periodic process held at the same time as a general election, in which voters decide whether a state judge will remain in office.

Question 46

Merit Selection

Answer 46

A process in which a non-partisan judicial nominating committee generates a list of potential judges from which the appointing authority (usually the governor) selects who to appoint.

Question 47

Caption

Answer 47

The heading of a case. Includes: Name of parties, name of court issuing opinion, date of opinion and sometimes other identifying information.

Question 48

Citation

Answer 48

Includes the name of a case, the name of the court that decided it, the year it was decided, the reporter, and the page # of the reporter where it can be found.

Question 49

Shepardizing

Answer 49

Determining what other cases have overruled, distinguished, or otherwise changed out understanding of a case. Term comes from leaflets indicating updates to cases printed in late 1800s by Frank Shepard.

Question 50

Petitioner

Answer 50

Party seeking to have the supreme court review a case (via a writ of Certiorari). Typically this is the party that lost in the prior stage of the proceeding.

Question 51

Respondent

Answer 51

Party against whom a petition is filed. In supreme court, usually the person who won and is defending the lower courts’ judgement.

Question 52

Procedural History and Posture

Answer 52

The story of a case’s encounter with the law up to the present case.

Question 53

Relief Sought

Answer 53

The remedy parties want in a case.

Question 54

Money Damages

Answer 54

Money given to a party as a remedy for the harm they have suffered.

Question 55

Injunctive Relief

Answer 55

A court order for someone to do something or refrain from doing something.

Question 56

Declaratory Judgement

Answer 56

A remedy that is a mere statement of what the law is.

Question 57

Disposition

Answer 57

The court’s determination of what should happen in a case. It is an action and is usually found in the last few lines of a majority opinion.

Question 58

Affirm

Answer 58

A disposition in which a court of appeals (or supreme court) leaves the judgement ruling immediately below intact. However, the reasoning may still be different from the lower court’s.

Question 59

Reverse

Answer 59

A disposition in which a court of appeals or supreme court overturns the judgement or ruling below, i.e., declares that decision was wrong.

Question 60

Vacate

Answer 60

Similar to reverse. Nobody can agree on the distinction.

Question 61

Remand

Answer 61

The case is sent back to the court below for further action.

Question 62

Holding

Answer 62

The legal rule announced by a case that could be used in future cases.

Question 63

Obiter Dictum

Answer 63

Latin for “a remark by the way”. Information in an opinion that is not necessary for the opinion and does not have -binding- precedential value. “Dictum” for short, “Dicta” plural.