Introduction to Law Flashcards
In-Class and book notes
Courts
Neutral forum where law is interpreted and applied to controversies. Decisions are made and outcomes are respected
Plaintiff
The one bringing up the case
Defendant
One accused on the wrong doing
Criminal Cases
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
Civil Cases
Intellectual laws are broken, usually suing for money, Ind v. Ind, outcome is almost always money
Burden of Proof
Amount of evidence presented in the case, whoever brings the case must hit the burden of proof
Beyond a Reasonable Doubt
Burden of proof required in a criminal case
Preponderance of Evidence
Burden of proof required in a civil case, more likely than not
Laws
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
Civil (Continental) Legal System
Based on Roman system, all decisions are made on written code, unbounded by previous cases, Canada and France
Common Law Legal System
Current decisions are influenced by previous decisions, written rules are interpreted by court, used in US, flexible, started in England
Stare Decisis
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
Statutory Law
The original written law enacted by a legislative body
Common Law
Amendments to the statutory law to better interpret the meaning
Law (From Book)
Enforceable rules governing relationships among individuals and between individuals and their society
Lawsuit
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
Breach
The failure to perform a legal obligation
Supreme Law of the Land
US Constitution then State Constitution as long as it does not conflict with the US Constitution
Statutes
The laws enacted by congress and the state legislatures (Statutory law)
Administrative Law
The regulations created by administrative agencies (Ex. FDA)
Precedent
A court decision that furnishes an example or authority for deciding subsequent cases involving similar facts
Action
A proceeding by one person against another in court
Remedy
The relief given to innocent parties, by law or by contract, to enforce a right or prevent or compensate for a wrong
Damages
Money sought as a remedy for harm suffered
Cause of Action
A situation or state of facts that gives a person a right to initiate a judicial proceeding
Injunction
A court decree ordering a person to do or to refrain from doing a certain act (Equitable remedy)
