Legal Concepts Flashcards
Lawyer
someone who understands the rules of the legal system, helping navigate complexities much like a player who knows the rules of a game.
Judge
The person who presides over a court and makes decisions.
Litigant
A party involved in a lawsuit
Defendant
The person accused in a court of law.
Court
The place where legal cases are heard
Lawsuit
a proceeding by one or more parties against one or more parties in a civil court of law
Opinion
a judicial opinion which is a written statement explaining the court’s decision for the case.
Conviction
a formal declaration that someone is guilty of a crime
Acquittal
a declaration of not guilty
The Three Acts of a Case
Act I: Beginning: Introduction of the conflict (e.g., Mr. A vs. Mrs. B over an apple).
Act II: Middle: Development of the case, including the filing of complaints and hearings.
Act III: End: Conclusion where the judge makes a decision, reflecting the court’s opinion.
Adversary System
The American legal system operates on an adversarial model, where the judge acts as an impartial umpire, determining the winner based on the arguments presented by each side.
Common Law and Precedent:
Judges rely on previous cases (precedents) to guide their decisions. This principle is known as stare decisis(let the decision stand).
If a precedent does not exist, judges may issue opinions that align with societal values and expectations.
Rule of Law
Everyone, including the government, is subject to the law and treated equally under it.
Common Law
characterized by its reliance on judicial decisions and the principle of precedent, allowing for adaptability and consistency within the legal system.
