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Intro to Law > Key Words > Flashcards

Key Words Flashcards

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1
Q

tort

A

a noncontractual civil wrong

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2
Q

trier of fact

A

in a trial, the one who determines the true facts; either a jury or if a case is tried without a jury, the judge

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3
Q

trust account

A

a special bank account maintained by an attorney into which funds belonging to clients are kept

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4
Q

Supremacy Clause

A

the clause in the U.S. Constitution making the Constitution and the laws of the United States the supreme law of the land

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5
Q

acquittal

A

a finding of not guilty in a criminal case

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6
Q

administrative hearing

A

a hearing before an administrative agency regarding a dispute between an individual and the agency

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7
Q

affirm

A

to uphold; used in connection with an appeal to uphold the lower court’s decision

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8
Q

appellate brief

A

a written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case

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9
Q

appellate jurisdiction

A

the power of a court to review what happened in a lower court

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10
Q

beyond a reasonable doubt

A

the amount of proof necessary for a conviction in a criminal case

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11
Q

bicameral

A

a term that describes a legislature consisting of two houses

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12
Q

Bill of Rights

A

The first ten amendments to the Constitution

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13
Q

binding case law

A

Case law that must be followed by lower courts

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14
Q

burden of proof

A

the necessity of establishing a particular fact or the necessity of going forward with evidence

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15
Q

canons of ethics

A

Standards of responsible and professional conduct

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16
Q

checks and balances

A

the constitutional doctrine that each of the three branches of government operates as a check on the powers of the other branches

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17
Q

Civil Law

A
  1. A legal system based on written laws or codes

2. A type of law that controls private disputes between parties.

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18
Q

code

A

A topical organization of statutes

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19
Q

Commerce Clause

A

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

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20
Q

commingling

A

mixing client funds with the attorney’s business or personal funds

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21
Q

common law

A

a body of law developed through the courts

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22
Q

concurrent jurisdiction

A

a term that describes situations where more than one entity has the power to regulate or act

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23
Q

constitution

A

a document whose primary purpose is to establish a government and define its powers

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24
Q

court reporter

A

a person who records (electronically or stenographically) the testimony that takes place during the open court proceedings; will produce a transcript

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25
Q

crime

A

an act in violation of a criminal statute

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26
Q

dibarment

A

the action of denying an attorney the right to practice law in the state

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27
Q

diversity of citizenship

A

a basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount of controversy exceeds $75,000

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28
Q

due process of law

A

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

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29
Q

en banc

A

a term that describes the entire panel of judges on a court hearing a case

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30
Q

escrow account

A

a type of trust account in which funds are held until some condition occurs

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31
Q

ex post facto

A

“After the fact”; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred

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32
Q

exclusive jurisdiction

A

the sole power or authority to act in a certain situation

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33
Q

express powers

A

powers given to Congress that are spelled out in the Constitution

34
Q

federal jurisdiction

A

the power of the federal courts to hear a case

35
Q

federalism

A

a system of government in which the people are regulated by both federal and state governments

36
Q

fiduciary relationship

A

a special relationship of trust and confidence; it forms the basis of the attorney-client relationship

37
Q

hung jury

A

a jury that cannot attain the necessary consensus or majority to reach a verdict

38
Q

judicial conference of the United States

A

the principal policy-making body concerned with the administration of the U.S. courts

39
Q

implied powers

A

the power that Congress has to regulate that is derived from the express powers

40
Q

indigent

A

without funds or assets and therefore unable to afford an attorney

41
Q

initiative

A

an action by citizens to enact legislation though the voter process

42
Q

jurisdiction

A

the power or authority to act in a certain situation; the power of a court to hear cases and render judgements

43
Q

jurisprudence

A

study of philosophy of law

44
Q

jury instructions

A

the directions read to the jury by the judge; they simplify the law applicable to the case

45
Q

law

A

a set of rules and procedures usually intended to regulate some aspects of society

46
Q

lawyer

A

an individual who is authorized by a state to practice law

47
Q

legal memorandum

A

an informal interoffice document written to communicate the results of legal research and the resulting legal analysis

48
Q

legal positivism

A

a philosophical theory holding that the validity of law is not related to morality

49
Q

legal realism

A

a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices

50
Q

liable

A

a finding of responsibility in a civil case

51
Q

magistrate

A

a judicial officer; federal magistrates are appointed by judges of federal district courts

52
Q

Natural theory of Law

A

a philosophical theory holding that law reflects the moral and unchangeable laws of nature

53
Q

original jurisdiction

A

the power to first hear a case; court of original jurisdiction is where trial takes place

54
Q

petition for writ of certiorari

A

a document filed with the Supreme Court requesting a hearing

55
Q

precedent

A

the example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases

56
Q

preemption

A

a doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas

57
Q

police powers

A

the authority of states to make laws that provide for the general health, welfare, and safety of its citizens

58
Q

preponderance of evidence

A

the amount of proof necessary for most civil cases; more likely than not

59
Q

procedural law

A

laws that dictate how we enforce our rights and obligations

60
Q

record

A

documentation of the proceedings at trial used for an appeal

61
Q

referendum

A

a vote on whether to accept or reject proposed legislation or constitutional amendment

62
Q

remand

A

to send back

63
Q

reverse

A

to change

64
Q

rules of court

A

procedural rules adopted by all courts regulating practice in the court

65
Q

syllabus

A

a summary of a Supreme Court case written by the reporter of decision, an officer of the Court, appointed by the Supreme Court Justices

66
Q

stare decisis

A

“It stands decided”; another term for precedent

67
Q

separation of powers

A

the Constitutional doctrine that each of the three branches of government has separate and distinct powers

68
Q

statute of limitations

A

a law that places a time limit on when a lawsuit can be filed

69
Q

statutes at large

A

a chronological compilation of statutes

70
Q

statutory law

A

law enacted by a legislature

71
Q

substantive laws

A

laws that define our right and obligations

72
Q

Appendix III

A

Basic legal citation guide

73
Q

Articles in the U.S. Constitution

A

7 Articles

74
Q

Amendments in the U.S. Constitution

A

27 Amendments

75
Q

How many district courts are there?

A

94

76
Q

How many U.S. circuit courts do we have?

A

12

77
Q

How many U.S. courts of appeal are there?

A

3

78
Q

Do we only have one Supreme Court?

A

yes

79
Q

What is the function of the U.S. District Court?

A

trial courts

80
Q

What is the function of the U.S. Courts of Appeals?

A

review courts

81
Q

What is the function of the U.S. Supreme Court?

A

primarily review court/ some original jurisdiction

Intro to Law (2 decks)

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