Kinds of Common Law Arguments: Vocab

Question 1

Tort Law

Answer 1

The branch of law relating to civil (as opposed to criminal) wrongful acts or omissions. Torts give rise to a civil action or private lawsuit.

Question 2

Stare Decisis

Answer 2

A Latin expres s ion meaning “to stand by things decided.” Stare decisis is a principle that ordinarily requires judges to apply the reasoning from earlier decisions (precedents) so that later cases reach the same result as similar earlier cases decided by the same court or a superior court.

Question 3

Public Policy

Answer 3

An argument appealing to what is right, just, and promotes the public good. Public policy arguments can be made in relation to what goals should be promoted through statutes or regulation, or as a basis for determining when courts should exercise the us e of judicial power. One common us age of the phrase is that a contract should not be enforced because it is “contrary to public policy.” (Note that this term’s meaning is more contextual than many others we define here.)

Question 4

Slippery Slope

Answer 4

An argument form where the arguer suggests that if a particular step is taken now, it will inevitably lead to a very bad unwanted consequence later on.

Question 5

Institutional Competence

Answer 5

An argument that a certain kind of institution, mos t often courts , are ill-equipped to make certain decisions , and that such decisions should be made by another institution (e.g., legislatures or agencies).

Question 6

Counterfactual

Answer 6

Relating to or expressing what has not happened or is not the case.

Question 7

Consequentialism

Answer 7

A moral philosophy in which the rightness or wrongness of an action is judged solely by its consequences .