(Q1) Intro to Law, Source of Law, Courts, Court Procedure pg. 4-7

Question 1

Law

Answer 1

rule of civil conduct commanding to do what is right and prohibiting what is wrong

Question 2

Business Law

Answer 2

laws regarding the performance of business and commercial transactions

Question 3

Common Law

Answer 3

• custom which has become recognized by the courts as binding on the community. Still referred to today in some cases.
• Laws the Pilgrims brought from England.

Question 4

Equity

Answer 4

relief sought in lieu of money damages which would be awarded by a law court. Ex: suit in equity for a restraining order

Question 5

Case Law

Answer 5

• Appellate court decisions
• stare decisis (stand by the decision)

Question 6

Constitution of the United States

Answer 6

• supreme law of the US
• defines relationship between different branches of government to each other and to the people
• Has the Bill of RIghts (1st 10 amendments)

Question 7

Statutory Law

Answer 7

formal enactments of a law by a legislature

Question 8

Statute

Answer 8

enacted by state or federal government

Question 9

Ordinances

Answer 9

Statutes enacted by local governments

Question 10

Administrative Agency Law

Answer 10

• Commissions created by legislature
• Enact rules to regulate business and industry
  (ex. FTC, OSHA ADA)

Question 11

Civil Law

Answer 11

laws concerning private rights between individuals

Question 12

Crime

Answer 12

• offense against society as a whole,
• violation against a statute or ordinance
• felony and misdemeanor

Question 13

Function of the Courts

Answer 13

Listen to facts, evidence, etc. as it applies to the issue of law and make a decision

Question 14

Jurisdiction

Answer 14

• subject matter
• court must have authority to hear a particular case;
• personal (over the parties)

Question 15

Venue

Answer 15

location where a case is heard
(ie: state, county, city)

Question 16

Classification of the Federal Court System

Answer 16

a) Federal District Court – court of original jurisdiction or trial court
b) Appellate courts
1.U.S. Court of appeals
2. U.S. Supreme Court – Highest court in the U.S.

Question 17

Classification of the State Court System

Answer 17

a)Trial court – court of original jurisdiction. Known by many names depending on the state and location
b) Appellate Courts
1. Court of Appeals
2. Supreme Court of the state

Question 18

Writ of Certiorari

Answer 18

order to produce the record of a case heard by a lower court

Question 19

Plaintiff

Answer 19

person who files a lawsuit

Question 20

Defendant

Answer 20

person being sued

Question 21

Complaint/Petition

Answer 21

the lawsuit

Question 22

Summons

Answer 22

served upon defendant

Question 23

Subpoena

Answer 23

served on a witness

Question 24

Appearance/Answer

Answer 24

response of defendant to the complaint

Question 25

Discovery

Answer 25

depositions (oral) and interrogatories (written)

Question 26

Opening Statements

Answer 26

limited to what is going to be proved

Question 27

Closing Argument

Answer 27

may include opinions on the law, comment on the opposing party’s evidence, and usually requests a judgment or verdict (jury’s decision) favorable to the client.

Question 28

Jury

Answer 28

verdict,
must be written – some states require signature of all jurors

Question 29

Judge

Answer 29

bench trial
decision by a judge