Introduction To US Law Flashcards
Doctrine of stare decisis
The principle that lower courts must follow precedents set by higher courts.
Criminal law
The branch of the law that imposes penalties for wrongs against society.
Civil law
A classification of law that applies to legal matters not governed by criminal law and that protects rights and provides remedies for breaches of duties owed to others.
Substantive law
A classification of law that creates, defines, and regulates parties’ rights, duties, and powers.
Procedural law
A classification of law that prescribes the steps, or processes, for enforcing the rights and duties defined by substantive law.
National Association of Insurance Commissioners (NAIC)
An association of insurance commissioners from the fifty U.S. states, the District of Columbia, and the five U.S. territories and possessions, whose purpose is to coordinate insurance regulation activities among the various state insurance departments.
Diversity jurisdiction
The authority of federal district courts to hear cases involving parties from different states that involve amounts in controversy over a legal minimum.
Relevance
A quality of evidence that is likely to prove or disprove an element of the case.
General verdict
A kind of verdict that entails a complete finding and a single conclusion by a jury on all issues presented.
Special verdict
A kind of verdict reached by a jury that makes findings of fact by answering specific questions posed by the judge. The judge then applies the law to the facts as the jury has found them
Res judicata
A doctrine that bars parties to a lawsuit on which final judgment has been rendered from bringing a second lawsuit on the same claim or on related transactions.
Alternative dispute resolution (ADR)
Procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation.
Mediation
An alternative dispute resolution (ADR) method by which disputing parties use a neutral outside party to examine the issues and develop a mutually agreeable settlement.
Legislative rule
A type of substantive administrative agency rule that comes from a statutory delegation of authority and that has the same force as a law enacted by Congress or a legislature.
Interpretative rule
A type of administrative agency rule that interprets statutes, providing guidance for agency staff or regulated parties, but that lacks the force and effect of law and therefore is not binding on individuals.
