Key Words Flashcards
tort
a noncontractual civil wrong
trier of fact
in a trial, the one who determines the true facts; either a jury or if a case is tried without a jury, the judge
trust account
a special bank account maintained by an attorney into which funds belonging to clients are kept
Supremacy Clause
the clause in the U.S. Constitution making the Constitution and the laws of the United States the supreme law of the land
acquittal
a finding of not guilty in a criminal case
administrative hearing
a hearing before an administrative agency regarding a dispute between an individual and the agency
affirm
to uphold; used in connection with an appeal to uphold the lower court’s decision
appellate brief
a written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case
appellate jurisdiction
the power of a court to review what happened in a lower court
beyond a reasonable doubt
the amount of proof necessary for a conviction in a criminal case
bicameral
a term that describes a legislature consisting of two houses
Bill of Rights
The first ten amendments to the Constitution
binding case law
Case law that must be followed by lower courts
burden of proof
the necessity of establishing a particular fact or the necessity of going forward with evidence
canons of ethics
Standards of responsible and professional conduct
checks and balances
the constitutional doctrine that each of the three branches of government operates as a check on the powers of the other branches
Civil Law
- A legal system based on written laws or codes
2. A type of law that controls private disputes between parties.
code
A topical organization of statutes
Commerce Clause
A section of the U.S. Constitution found in Article 1 sec 8, giving the U.S. Congress the right to regulate foreign and interstate commerce
commingling
mixing client funds with the attorney’s business or personal funds
common law
a body of law developed through the courts
concurrent jurisdiction
a term that describes situations where more than one entity has the power to regulate or act
constitution
a document whose primary purpose is to establish a government and define its powers
court reporter
a person who records (electronically or stenographically) the testimony that takes place during the open court proceedings; will produce a transcript
crime
an act in violation of a criminal statute
dibarment
the action of denying an attorney the right to practice law in the state
diversity of citizenship
a basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount of controversy exceeds $75,000
due process of law
the existence of a law that prohibits the conduct in question before the violation occurs; a law that is sufficiently certain and clear so that an individual is capable of knowing what is permissible and what is illegal
en banc
a term that describes the entire panel of judges on a court hearing a case
escrow account
a type of trust account in which funds are held until some condition occurs
ex post facto
“After the fact”; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred
exclusive jurisdiction
the sole power or authority to act in a certain situation
express powers
powers given to Congress that are spelled out in the Constitution
federal jurisdiction
the power of the federal courts to hear a case
federalism
a system of government in which the people are regulated by both federal and state governments
fiduciary relationship
a special relationship of trust and confidence; it forms the basis of the attorney-client relationship
hung jury
a jury that cannot attain the necessary consensus or majority to reach a verdict
judicial conference of the United States
the principal policy-making body concerned with the administration of the U.S. courts
implied powers
the power that Congress has to regulate that is derived from the express powers
indigent
without funds or assets and therefore unable to afford an attorney
initiative
an action by citizens to enact legislation though the voter process
jurisdiction
the power or authority to act in a certain situation; the power of a court to hear cases and render judgements
jurisprudence
study of philosophy of law
jury instructions
the directions read to the jury by the judge; they simplify the law applicable to the case
law
a set of rules and procedures usually intended to regulate some aspects of society
lawyer
an individual who is authorized by a state to practice law
legal memorandum
an informal interoffice document written to communicate the results of legal research and the resulting legal analysis
legal positivism
a philosophical theory holding that the validity of law is not related to morality
legal realism
a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices
liable
a finding of responsibility in a civil case
magistrate
a judicial officer; federal magistrates are appointed by judges of federal district courts
Natural theory of Law
a philosophical theory holding that law reflects the moral and unchangeable laws of nature
original jurisdiction
the power to first hear a case; court of original jurisdiction is where trial takes place
petition for writ of certiorari
a document filed with the Supreme Court requesting a hearing
precedent
the example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases
preemption
a doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas
police powers
the authority of states to make laws that provide for the general health, welfare, and safety of its citizens
preponderance of evidence
the amount of proof necessary for most civil cases; more likely than not
procedural law
laws that dictate how we enforce our rights and obligations
record
documentation of the proceedings at trial used for an appeal
referendum
a vote on whether to accept or reject proposed legislation or constitutional amendment
remand
to send back
reverse
to change
rules of court
procedural rules adopted by all courts regulating practice in the court
syllabus
a summary of a Supreme Court case written by the reporter of decision, an officer of the Court, appointed by the Supreme Court Justices
stare decisis
“It stands decided”; another term for precedent
separation of powers
the Constitutional doctrine that each of the three branches of government has separate and distinct powers
statute of limitations
a law that places a time limit on when a lawsuit can be filed
statutes at large
a chronological compilation of statutes
statutory law
law enacted by a legislature
substantive laws
laws that define our right and obligations
Appendix III
Basic legal citation guide
Articles in the U.S. Constitution
7 Articles
Amendments in the U.S. Constitution
27 Amendments
How many district courts are there?
94
How many U.S. circuit courts do we have?
12
How many U.S. courts of appeal are there?
3
Do we only have one Supreme Court?
yes
What is the function of the U.S. District Court?
trial courts
What is the function of the U.S. Courts of Appeals?
review courts
What is the function of the U.S. Supreme Court?
primarily review court/ some original jurisdiction
