Important L1 Legal Terms Flashcards
Demurrer
Also, motion to dismiss. - although the alleged facts in a compliant may be true, they are insufficient to state a claim for relief and for the defendant to frame an answer.
allocatur
This word formerly indicated that a writ, bill, or other pleading was allowed. It is still used today in Pennsylvania to denote permission to appeal. — Also termed allogatur.
disposition
- A final settlement or determination .
proximate cause
- A cause that is legally sufficient to result in liability.
reduction ad absurdum
In logic, disproof of an argument by showing that it leads to a ridiculous conclusion.
stare decisis (stahr-ee di-sI-sis or stair-ee)
n. [Latin “to stand by things decided”] (18c) The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.
inferior court.
. A court of special, limited, or statutory jurisdiction, whose record must show the existence of jurisdiction in any given case to give its ruling presumptive validity
trier of fact
One or more persons — such as jurors in a trial or administrative-law judges in a hearing — who hear testimony and review evidence to rule on a factual issue.
court of original jurisdiction
A court where an action is initiated and first heard. [Cases: Courts 117.5-158.1, 206.]
cause of action
facts that make up the basis for taking someone to court to obtain a remedy.
A group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person;
Discovery
gather information for a law suit following rules of civ procedure:
depositions
interogatories
affadavits
summary judgement
no dispute of the facts, judges apply the applicable law to the facts gathered during discovery.
