Legal Terms Flashcards
Acquittal
the verdict in a criminal trial in which the defendant is found not guilty
Act
an alternative name for statutory law. When introduced in a legislature, a piece of proposed legislation is typically described as a “bill.” After a bill is enacted, the terms “law” and “act” may be used interchangeably to describe it. An act has the same legislative force as a joint resolution but is technically distinguishable, being of a different for and introduced with the words “Be it enacted” instead of “Be it resolved.”
Action
the formal legal demand of one’s rights from another person brought in court
Adjudication
the formal pronouncing or recording of a judgment or decree by a court
Administrative agency
a governmental authority, other than a legislature or court, which issues rules and regulations or adjudicates disputes arising under designated statutes and regulations. They usually act under authority delegated by the legislature.
Administrative law
law that governs, and is promulgated by, governmental administrative agencies other than courts or legislative bodies. These administrative agencies derive their power from legislative enactments and are subject to judicial review
Advance sheets
current pamphlets containing the most recently reported opinions of a court or the courts of several jurisdictions. The volume and page numbers usually are the same as in subsequently bound volumes of the series, which cover several of the previously issued advance sheets.
Advisory opinion
an opinion rendered by a court at the request of the government or an interested party that indicates how the court would rule on a matter should adversary litigation develop. This opinion is thus an interpretation of the law without binding effect. The International Court of Justice and some state courts will render these opinion; the Supreme Court of the United States will not.
Affidavit
a written statement or declaration of facts sworn to by the maker taken before a person officially permitted by law to administer oaths
Alternative dispute resolution
the process of resolving disputes through such means as mediation or arbitration rather than through litigation
Amicus Curiae
literally, “friend of the court.” A person or entity with strong interest in or views on the subject matter of a dispute involving other parties that petitions the court for permission to file a brief in the case, ostensibly on behalf of one of the parties, but actually to suggest a rationale consistent with its own views.
Annotations
- Statutory: brief summaries of the law and facts of cases interpreting statutes by Congress or state legislatures that are compiles in codes
- Textual: expository essays of varying length on significant legal topics chosen from selected cases or statutes, which are often published together with the essays.
Answer
the pleading filed by the defendant in response to the plaintiff’s complaint
Appeal papers
the record of lower court proceedings and briefs filed by attorneys with courts for the purpose of appealing a lower court’s actions in a litigated matter
Appellant
the party who requests that a higher court review the actions of a lower court
Appellate court
a court that has legal authority to review the actions and decisions of a lower court or an administrative agency on appeal
Appellee
the party against whom a n appeal is taken (usually, but not always, the winner in the lower court). It should be noted that a party’s status as appellant or appellee bears no relation to his, her or its status as plaintiff or defendant in the lower court
Arbitration
the hearing and settlement of a dispute between opposing parties by one or more neutral and non-judicial third parties. The third parties’ decision is often binding by prior agreement of the opposing parties. It is an alternative to litigation as a means of resolving disputes.
Attorney General Opinion
an opinion issued by the chief counsel of the federal government or a state government at the request of the president, a state governor or other governmental official on behalf of a state or federal agency interpreting the law for the requesting official or agency int he same manner as a private attorney would for his or her client. The opinion is not binding on a court but is usually accorded some degree of persuasive authority.
Authority
that which can bind or influence a court. Case law, legislation, constitutions, administrative regulations, and writings about the law are all legal ______.
Bill
a legislative proposal introduced in a legislature. The term distinguishes unfinished legislation from enacted law.
Black letter law
an informal term indicating the basic principles of law generally accepted by the courts and/or embodied in the statutes of a particular jurisdiction
Brief
- in American law practice, a written statement prepared by the counsel arguing a case in court. It contains a summary of the facts of the case, the pertinent laws, and an argument of how the law applies to the facts supporting counsel’s position
- a summary of published legal opinion prepared for the purpose of studying the opinion in law school
Calendar
a list or schedule that states the order in which cases are to heard during a term of court
Case in point
a judicial opinion which deals with a fact situation similar to the one being researched and substantiates a point of law to be asserted. It is also referred to as “case on all fours.”
Case law
the law of reported judicial opinions as distinguished from statutes or administrative law
Casebook
a textbook used to instruct law students in a particular area of law. The text consists of a collection of judicial opinions, usually from appellate courts, and notes by the author(s)
Cause of action
a claim in law and in fact sufficient to bring a case to court; the grounds of action (example: breach of contract)
Certioriari
a writ issued by a higher court to a lower court requiring the latter to produce the records of a particular case tried therein. It is most commonly used to refer to the Supreme Court of US, which uses this writ as a discretionary device to choose the cases it wishes to hear. The term’s origin is Latin, meaning “to be informed of.”
Charter
a document issued by a governmental entity that gives a corporation legal existence. A corporation’s _____ may be referred to as the “articles of incorporation” or the “certificate of incorporation,” depending on the terminology used in the state where the corporation was incorporated
Civil Law
- Roman law embodied in the Code of Justinian, which is the basis of law in most Latin American countries and most countries of Western Europe other than Great Britain and is the foundation of the law of Louisiana and Quebec
- the law concerning noncriminal matters in both common law and civil law jurisdictions, such as those described in (1)
Claim
- the assertion of a right, as to money or property
2. the accumulation of facts that give rise to a right enforceable in court
Class action
a lawsuit brought by a representative party on behalf of a group, all of whose members have the same or a similar grievance against the defendant
Code
in popular usage, a compilation of statutory laws. In a ____, the current statutory laws, together with judicial decrees having the force of law, are rewritten and arranged in classified order by subject. Repealed and temporary acts are eliminated and the revision is reenacted.
Codification
the process of collecting and arranging systematically, usually by subject, the laws of a state or country
Collective intelligence
the theory that higher levels of intelligence and understanding result from the collaborative and competitive efforts of interconnected groups of people
Common Law
the basis of Anglo-American legal systems. English common law was largely customary law and unwritten until discovered, applied and reported by the courts of law. In theory, the common law courts did not create law but rather discovered it in the customs and habits of the English people. The strength of the judicial system in pre-parliamentary days is one reason for the continued emphasis in common law systems on case law. In a narrow sense, common law is the phrase still used to distinguish case law from statutory law.
Compiled Statutes
in popular usage, a code. Technically, it is a compilation of acts printed verbatim as originally enacted but in a new classified order. The text is not modified; however, repealed and temporary acts are omitted.
Complaint
the plaintiff’s initial pleading. Under the Federal Rules of Civil Procedure, it is no longer full of technicalities demanded by the common law. A complaint need only contain a short and plain statement of the claim upon which relief is sought, an indication of the type of relief requested, and an indication that the court has jurisdiction to hear the case
Consolidated statutes
a compilation of statutes arranged in classified order by subject and subdivided as necessary into parts, articles, chapters, and sections for clarity and consistency of style. In the process of preparing consolidated statues, all temporary and repealed statutes are deleted. A collection of statues is sometimes referred to in popular usage as “consolidated laws,” “compiled statutes,” “revised statutes,” or a “code.”
Consolidating statute
a law that gathers various statutes on certain topic and organizes them into a single statutory act, making minor textual revisions and eliminating repealed and temporary acts in the process.
Constitution
the system of fundamental principles by which a political body or organization governs itself.
Count
a separate and independent claim. A civil petition or a criminal indictment may contain several counts.
Counterclaim
a claim made by a defendant against a plaintiff in a civil lawsuit; it constitutes a separate cause of action
Court Decision
the disposition of a case by a court
Court rules
rules of procedure promulgated to govern civil and criminal practice before courts
Damages
monetary compensation awarded by a court for an injury caused by the act of another. They may be actual or compensatory (equal to the amount of loss shown), exemplary or punitive (in excess of the actual loss given to punish the person for the malicious conduct that caused the injury), or nominal (a trivial amount given because the injury is slight or because the actual amount of injury has not been determined satisfactorily).
Decree
a determination by a court of the rights and duties of the parties before it. Formerly, _____ were issued by courts of equity and distinguished from judgments, which were issued by courts of law
Defendant
the person against whom a civil or criminal action is brought
Demurrer
a means of objecting to the sufficiency in law of a pleading by admitting the actual allegations made, but disputing that they frame an adequate legal claim. A _____ is more commonly referred to in most jurisdictions today as a “motion to dismiss for failure to state a claim.”
Digest
an index to reported cases, providing brief, unconnected statements of court holdings on points of law, which are arranged by subject and subdivided by jurisdiction and courts
Docket number
a identifying number, sequentially assigned by the court clerk at the onset of a lawsuit submitted to the court for adjudication
En Banc
a session in which the entire bench of the court will participate in the decision rather than the regular quorum. It is common for appellate court to have more members than are necessary to hear an appeal. In the US, the federal circuit courts of appeals usually sit in groups of three judges but for important cases may expand the bench to nine members, when they are said to be sitting _____.
Equity
justice administered according to fairness as contrasted with the strictly formulated rules of common law. It is based on a system of rules and principles that originated in England as an alternative to the harsh rules of common law and that were based on what was fair in a particular situation. One sought relief under this system in courts of _____ rather than in courts of law.
Executive agreement
an international agreement, not a treaty, concluded by the president without senatorial consent on the president’s authority as commander-in-chief and director of foreign relations. The distinction between treaty and ______ is complicated and believed by some to be of questionable constitutionality, but the import of such agreements as that of Yalta, Potsdam, NAFTA, (and more) and the General Agreement on Tariffs and Trade (GATT), among many others, is unquestionably great.
Executive Order
an order issued by the president under specific authority granted to the president by Congress. There is not precise distinction between an presidential proclamation and an _________; however, a proclamation generally cover matters of widespread interest, and _______often relates to the conduct of government business or to organization of the executive branch of government. Every act of the president authorizing or directing the performance of an act, in its general context, is an ________.
Findlaw
a portal on the Web providing links to wide range of law related information. It is owned by Thomson Reuters, but much of the info accessible through the portal is free.
Form books
books containing sample instruments that are helpful in drafting legal documents
Forms of action
conventions that governed common law pleadings and were the procedural devices used to give expression to the theories of liability recognized by the common law. Failure to analyze the cause of the action properly, to select the proper theory of liability and too choose the appropriate procedural mechanism or forms of action could easily result in being thrown out of court. A plaintiff had to elect his or her remedy in advance and could not subsequently amend the pleadings to conform to her proof or to the court’s choice of another theory of liability. According to the relief sought, actions were divided into three categories: real actions brought to recoer real property and damages for injury to it; personal actions were brought to recover debts or personal property, or for injuries to personal, property, or contractual rights. The common law ______ were usually considered to eleven in number: trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit.
Grand jury
a jury of six to twenty-three persons that sits permanently for a specified period and hears criminal accusations and evidence, and then determines whether indictments should be made.
Headnote
a brief summary of the legal rule or significant facts in a case that precedes the printed opinion in reports
Hearings
proceedings extensively employed by both legislative and administrative agencies to elicit facts or to make authorized determinations. Adjudicative _____ of administrative agencies can be appealed in a court of law. Investigative ______ are often held by congressional committees prior to enactment of legislation, and are important sources of legislative history.
Heinonline
database containing page images and searchable text of legal journals and other legal materials. Produced by the William S. Hein & Co.
Holding
the declaration of the conclusion of law reached by the court as to the legal effect of the facts of the case.
