(Q1) Intro to Law, Source of Law, Courts, Court Procedure pg. 4-7 Flashcards
Law
rule of civil conduct commanding to do what is right and prohibiting what is wrong
Business Law
laws regarding the performance of business and commercial transactions
Common Law
- 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.
Equity
relief sought in lieu of money damages which would be awarded by a law court. Ex: suit in equity for a restraining order
Case Law
- Appellate court decisions
- stare decisis (stand by the decision)
Constitution of the United States
- 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)
Statutory Law
formal enactments of a law by a legislature
Statute
enacted by state or federal government
Ordinances
Statutes enacted by local governments
Administrative Agency Law
- Commissions created by legislature
- Enact rules to regulate business and industry
(ex. FTC, OSHA ADA)
Civil Law
laws concerning private rights between individuals
Crime
- offense against society as a whole,
- violation against a statute or ordinance
- felony and misdemeanor
Function of the Courts
Listen to facts, evidence, etc. as it applies to the issue of law and make a decision
Jurisdiction
- subject matter
- court must have authority to hear a particular case;
- personal (over the parties)
Venue
location where a case is heard
(ie: state, county, city)
Classification of the Federal Court System
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.
Classification of the State Court System
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
Writ of Certiorari
order to produce the record of a case heard by a lower court
Plaintiff
person who files a lawsuit
Defendant
person being sued
Complaint/Petition
the lawsuit
Summons
served upon defendant
Subpoena
served on a witness
Appearance/Answer
response of defendant to the complaint
Discovery
depositions (oral) and interrogatories (written)
Opening Statements
limited to what is going to be proved
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.
Jury
verdict,
must be written – some states require signature of all jurors
Judge
bench trial
decision by a judge
