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

1
Q

Law

A

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

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2
Q

Business Law

A

laws regarding the performance of business and commercial transactions

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3
Q

Common Law

A
  • 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.
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4
Q

Equity

A

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

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5
Q

Case Law

A
  • Appellate court decisions
  • stare decisis (stand by the decision)
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6
Q

Constitution of the United States

A
  • 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)
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7
Q

Statutory Law

A

formal enactments of a law by a legislature

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8
Q

Statute

A

enacted by state or federal government

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9
Q

Ordinances

A

Statutes enacted by local governments

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10
Q

Administrative Agency Law

A
  • Commissions created by legislature
  • Enact rules to regulate business and industry
    (ex. FTC, OSHA ADA)
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11
Q

Civil Law

A

laws concerning private rights between individuals

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12
Q

Crime

A
  • offense against society as a whole,
  • violation against a statute or ordinance
  • felony and misdemeanor
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13
Q

Function of the Courts

A

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

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14
Q

Jurisdiction

A
  • subject matter
  • court must have authority to hear a particular case;
  • personal (over the parties)
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15
Q

Venue

A

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

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16
Q

Classification of the Federal Court System

A

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.

17
Q

Classification of the State Court System

A

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

18
Q

Writ of Certiorari

A

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

19
Q

Plaintiff

A

person who files a lawsuit

20
Q

Defendant

A

person being sued

21
Q

Complaint/Petition

A

the lawsuit

22
Q

Summons

A

served upon defendant

23
Q

Subpoena

A

served on a witness

24
Q

Appearance/Answer

A

response of defendant to the complaint

25
Discovery
depositions (oral) and interrogatories (written)
26
Opening Statements
limited to what is going to be proved
27
Closing Argument
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.
28
Jury
verdict, must be written – some states require signature of all jurors
29
Judge
bench trial decision by a judge