Introduction to Law Flashcards

(59 cards)

1
Q

Criminal Law

A

Prosecuted by a governmental body involving a matter of consern to society as a whole

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2
Q

Civil Law

A

Pursued by an individual or group of people, a business, or a governmental body acting in a private capacity; result may be damages or court

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3
Q

Municipal Law

A

Local law (as opposed to federal or state law)

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4
Q

Constitution

A

One of five sources of lega authority

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5
Q

Legislation

A

Supreme source of legal authority; also called code or statute; enacted by an elected body (e.g., Congress)

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6
Q

Code

A

Legislation; also called statute

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7
Q

Statute

A

Legislation: also called code

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8
Q

Judicial Decisions

A

Source of legal authority; also called common law or precedent

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9
Q

Common Law

A

Judicial decisions; also called precedent

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10
Q

Case Law

A

Judicial decisions

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11
Q

Precedent

A

Judicial decisions; also called common law; past decisions used to jusify current decisions

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12
Q

Administrative Agency

A

Source of legal authority; administers a particular law or program

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13
Q

Regulations

A

Established by administrative agencies

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14
Q

Executive Actions

A

Source of legal authority; including orders signed by the President or governor

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15
Q

Cite

A

Verb form of citiation (i.e., to cite)

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16
Q

Interoffice Memo

A

Also called objective memo, analyzes fact situation with citations to sources of law

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17
Q

Objective Memo

A

Also called interoffice memo, analyzes fact situation with citations to legal authority

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18
Q

Adversarial

A

Argues a position

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19
Q

Primary Authority

A

One of the five sources of law

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20
Q

Secondary Authority

A

Materal such as textbooks and articles that help locate (finding tools) and understand primary law; form books, handbooks, encyclopedias, digests, etc,; not actual law

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21
Q

Statutory Interpretation

A

Interpretation of statute’s terms; also called statutory construction

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22
Q

CALR

A

Computer-assisted legal research system

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23
Q

Loislaw

A

CALR subscription bundled with this book

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24
Q

Search Query

A

Terms and connectors or natural language used in CALR search

25
Connector
Symbol describing relationship between CALR search terms
26
Root Expander
Symbol used to pick up work variations in a CALR searc
27
Wildcard
Symbol used to pick up work variations in a CALR search
28
Variants
Different forms of a root work
29
Topic
Generally, statutes are organized by topic, breaking the code into titles, acts, chapters, or sections
30
Titles
See Topic
31
Codify
To enter a statute into a tropical system
32
Annotated Statute
Statute with references to articles, cases, and other materials that explain and interpret the law
33
Trial Court
Court in which most cases start, generally concerned with deciding issues of fact
34
Issues of Fact
Trial courts use testimoney and evidence to decide facts (i.e., what happend)
35
Legal Issues
Determining appropriate consequences of the facts or whether a trial court handled a case properly
36
Affirm
Appellate or highter court's decision to support or uphold the decision of the lower court
37
Reverse
Appellate or highter court's decision to invalidate the decision of the lower court
38
Remand
Appellate or highter court's decision to send the case back to the lower court
39
Modify
Appellate or highter court's decision to change the decision of the lower court
40
Dissenting Opinion
Opinion written by a judge who disagrees with the majority; not law but provides interesting facts and opinions about case
41
Majority Decision
That which governs the outcome of cases; also called decision of the court
42
Decision of the Court
Majority decision, governs outcome of the case
43
Concurring Opinion
Written by a judge who agrees with majority decision but for different reasons
44
Synopsis
Summary of case, often provided in publishers' enhancements
45
Headnotes
Summaries of individual points made in the case
46
Procedural History
The history of the court decisions that have moved the case to its current position
47
Timeline
A schedule of the times at which certain events took place
48
Appellant
Party bringing an appeal; lost in the lower court
49
Appelle
The party that won in the lower court
50
Err
To make an error
51
Liable
Found responsible
52
Case at Hand
The case under consideration
53
Analogize
To compare casesand find them to be different
54
Distinguish
To compare cases and find them similar
55
Jump Cite
The exact page number on which a fact or quote appears in a case
56
Brief
Short case summary
57
Citation
Address at which authority is found in law books or online
58
Holding
Answer to the legal issue in a judicial decision
59
Reasoning
Summary of the court's explanation of its decision