Quiz 1 Flashcards
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Civil Law
Procedurally, a defendant’s response to the plaintiff’s complaint.
Answer
The geographical district in which an action is tried and from which the jury is selected.
Venue
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
Complaint
A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
Discovery
The authority of a court to hear and decide a specific action.
Jurisdiction
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.
ADR: Alternative Dispute Resolution
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.
Arbitration
A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
Arbitration Clause
A method of settling disputes outside of court by using services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
Mediation
In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them.
Negotiation
Moral principles are values applied to social behavior.
Ethics
The first ten amendments to the U.S. Constitution.
Bill of Rights
The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.
Commerce clause
The provisions of the fifth and fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.
Due Process Clause
The provision in the fourteenth amendment to the constitution that guarantees that no state will “deny to any person within its jurisdiction the equal protection of the laws.” This clause mandates that state governments treat similarly situated individuals in a similar manner.
Equal protection clause
A clause in article IV, section 1, of the constitution that provides that “Full faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other state.” The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.
Full Faith and credit clause
The provision in the first Amendment to the U.S. Constitution that prohibits congress from making any law “prohibiting the free exercise” of religion.
Free Exercise Clause
Article IV, section 2, of the constitution requires states not to discriminate against one another’s citizens. A resident of one state cannot be treated as an alien when in another state. He or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights.
Privileges and Immunities Clause
Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.
Probable Cause
