Unit 1 Vocab Flashcards
(42 cards)
What is Common Law?
is law developed by judges through their decisions in court. “judge-made” law. Also known as case law or precedent.
What is Statute?
different from common law, are passed and adopted through the legislative process.
What is Ordinance?
an authoritative rule or law; a decree or command.
What is Executive Order?
an order having the force of law issued by the president of the U.S. to the army, navy, or other part of the executive branch of the government.
What is Administrative Law?
the body of rules and principles that governs the duties and operations of federal or state administrative agencies, as commissions and boards.
What is Case Law?
law established by judicial decisions in particular cases, instead of by legislative action.
What is Legal Remedy?
is the means by which a court of law enforces a right, imposes a penalty, or makes some other court order to impose its will.
What is Specific Performance?
(especially in the sale of land) literal compliance with one’s contractual promises pursuant to a judicial mandate.
What is Injunction?
a judicial process or order requiring the person or persons to whom it is directed to do a particular act or to refrain from doing a particular act.
What is Precedent?
a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
What is Stare decisis?
the doctrine that rules or principles of law on which a court rested a previous decision are authoritative in all future cases in which the facts are substantially the same.
What is Jurisprudence?
decisions of courts, especially of reviewing tribunals.
What is Jurisdiction?
the right, power, or authority to administer justice by hearing and determining controversies.
What is Diversity of citizenship?
exists when opposing parties in a lawsuit are citizens of different states or a citizen of a foreign country.
What is Original jurisdiction?
is the authority of a court to try a case, as distinguished from appellate jurisdiction to hear appeals from trial judgments.
What is Appellate jurisdiction?
is the power of a higher court to hear appeals from a lower court.
What is Limited jurisdiction?
is the power of a court to hear only certain types of cases, or those in which the amount in controversy is below a certain sum or that is subject to exceptions.
What is Personal jurisdiction?
is the court’s authority to determine personal rights and liabilities of the parties before it. Also known as personam jurisdiction
What is In rem jurisdiction?
is the legal term used to describe the exercise of power by a court over property (either real or personal) or a “status” against a person over whom the court does not have “in personam jurisdiction”.
What is Subject matter jurisdiction?
is the authority over the subject of the legal questions involved in the case.
What is Long arm statute?
is a statutory grant of jurisdiction to local courts over out-of-state defendants.
What is Minimum contacts?
are a nonresident civil defendant’s connections with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for the forum state to assert personal jurisdiction over that defendant.
What is Procedural law?
Law that establishes the rules of the court and the methods used to ensure the rights of individuals in the court system. In particular, laws that provide how the busines of the court is to be conducted. Examples may be pleading requirements, discovery rules, or standards of review.
What is Substantive law?
Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right.
