Introduction to Law

Question 1

Courts

Answer 1

Neutral forum where law is interpreted and applied to controversies. Decisions are made and outcomes are respected

Question 2

Plaintiff

Answer 2

The one bringing up the case

Question 3

Defendant

Answer 3

One accused on the wrong doing

Question 4

Criminal Cases

Answer 4

Laws of being in society (criminal code) are broken, usually prosecuted by the state on behalf of society, outcomes are fines jail time, probation, or service

Question 5

Civil Cases

Answer 5

Intellectual laws are broken, usually suing for money, Ind v. Ind, outcome is almost always money

Question 5

Burden of Proof

Answer 5

Amount of evidence presented in the case, whoever brings the case must hit the burden of proof

Question 6

Beyond a Reasonable Doubt

Answer 6

Burden of proof required in a criminal case

Question 7

Preponderance of Evidence

Answer 7

Burden of proof required in a civil case, more likely than not

Question 8

Laws

Answer 8

Body of rules governing relationships between members of society, enacted by public officials in a legitimate manner and backed by the force of the state

Question 9

Civil (Continental) Legal System

Answer 9

Based on Roman system, all decisions are made on written code, unbounded by previous cases, Canada and France

Question 10

Common Law Legal System

Answer 10

Current decisions are influenced by previous decisions, written rules are interpreted by court, used in US, flexible, started in England

Question 11

Stare Decisis

Answer 11

Past decisions are precedent in current cases, predictability and fairness, lower courts are bound by upper courts and their own prior decisions, Judges are obligated to follow the precedents established within their jurisdictions

Question 12

Statutory Law

Answer 12

The original written law enacted by a legislative body

Question 13

Common Law

Answer 13

Amendments to the statutory law to better interpret the meaning

Question 14

Law (From Book)

Answer 14

Enforceable rules governing relationships among individuals and between individuals and their society

Question 15

Lawsuit

Answer 15

A judicial proceeding for the resolution of a dispute between parties in which rights are enforced or protected, wrongs are prevented or redressed, or public offenses are prosecuted

Question 16

Breach

Answer 16

The failure to perform a legal obligation

Question 17

Supreme Law of the Land

Answer 17

US Constitution then State Constitution as long as it does not conflict with the US Constitution

Question 18

Statutes

Answer 18

The laws enacted by congress and the state legislatures (Statutory law)

Question 19

Administrative Law

Answer 19

The regulations created by administrative agencies (Ex. FDA)

Question 20

Precedent

Answer 20

A court decision that furnishes an example or authority for deciding subsequent cases involving similar facts

Question 21

Action

Answer 21

A proceeding by one person against another in court

Question 22

Remedy

Answer 22

The relief given to innocent parties, by law or by contract, to enforce a right or prevent or compensate for a wrong

Question 23

Damages

Answer 23

Money sought as a remedy for harm suffered

Question 24

Cause of Action

Answer 24

A situation or state of facts that gives a person a right to initiate a judicial proceeding

Question 25

Injunction

Answer 25

A court decree ordering a person to do or to refrain from doing a certain act (Equitable remedy)