Unit 1 Vocab

Question 1

What is Common Law?

Answer 1

is law developed by judges through their decisions in court. “judge-made” law. Also known as case law or precedent.

Question 2

What is Statute?

Answer 2

different from common law, are passed and adopted through the legislative process.

Question 3

What is Ordinance?

Answer 3

an authoritative rule or law; a decree or command.

Question 4

What is Executive Order?

Answer 4

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.

Question 5

What is Administrative Law?

Answer 5

the body of rules and principles that governs the duties and operations of federal or state administrative agencies, as commissions and boards.

Question 6

What is Case Law?

Answer 6

law established by judicial decisions in particular cases, instead of by legislative action.

Question 7

What is Legal Remedy?

Answer 7

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.

Question 8

What is Specific Performance?

Answer 8

(especially in the sale of land) literal compliance with one’s contractual promises pursuant to a judicial mandate.

Question 9

What is Injunction?

Answer 9

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.

Question 10

What is Precedent?

Answer 10

a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.

Question 11

What is Stare decisis?

Answer 11

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.

Question 12

What is Jurisprudence?

Answer 12

decisions of courts, especially of reviewing tribunals.

Question 13

What is Jurisdiction?

Answer 13

the right, power, or authority to administer justice by hearing and determining controversies.

Question 14

What is Diversity of citizenship?

Answer 14

exists when opposing parties in a lawsuit are citizens of different states or a citizen of a foreign country.

Question 15

What is Original jurisdiction?

Answer 15

is the authority of a court to try a case, as distinguished from appellate jurisdiction to hear appeals from trial judgments.

Question 16

What is Appellate jurisdiction?

Answer 16

is the power of a higher court to hear appeals from a lower court.

Question 17

What is Limited jurisdiction?

Answer 17

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.

Question 18

What is Personal jurisdiction?

Answer 18

is the court’s authority to determine personal rights and liabilities of the parties before it. Also known as personam jurisdiction

Question 19

What is In rem jurisdiction?

Answer 19

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”.

Question 20

What is Subject matter jurisdiction?

Answer 20

is the authority over the subject of the legal questions involved in the case.

Question 21

What is Long arm statute?

Answer 21

is a statutory grant of jurisdiction to local courts over out-of-state defendants.

Question 22

What is Minimum contacts?

Answer 22

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.

Question 23

What is Procedural law?

Answer 23

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.

Question 24

What is Substantive law?

Answer 24

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.

Question 25

What is Venue?

Answer 25

is the location where a case is heard.

Question 26

What is Standing?

Answer 26

is the name of the federal law doctrine that focuses on whether a prospective plaintiff can show that some personal legal interest has been invaded by the defendant. sometimes referred to as standing to sue.

Question 27

What is Forum selection clause?

Answer 27

A contractual agreement that designates the court and location where the parties would like to have their legal dispute decided

Question 28

What is Choice of law clause?

Answer 28

Also known as governing law clauses, are a provision in contracts determining which laws apply to the adjudication if a question or dispute arises.

Question 29

What is Arbitration clause?

Answer 29

is a contract provision which states when arbitration is necessary for dispute resolution.

Question 30

What is Mediation?

Answer 30

is a voluntary process in which both parties agree to bring in a neutral third party to oversee the proceedings and help the parties involved work out an agreement.

Question 31

What is Arbitration?

Answer 31

the hearing and determination of a disputed case by an arbiter

Question 32

What is Summons?

Answer 32

is the document that officially starts a lawsuit.

Question 33

What is Complaint?

Answer 33

is the pleading that starts a case.

Question 34

What is Answer?

Answer 34

is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant.

Question 35

What is Discovery?

Answer 35

in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions.

Question 36

What is Declaratory judgment?

Answer 36

a judicial judgment intended to fix or elucidate litigants’ rights that were previously uncertain or doubtful.

Question 37

What is Plaintiff?

Answer 37

is the person who brings a lawsuit to court.

Question 38

What is Defendant?

Answer 38

is the person accused of the crime.

Question 39

What is Appellant/Appellee?

Answer 39

is the party appealing the trial court’s ruling, generally in the form of an attack on an adverse ruling.

Question 40

What is Trial?

Answer 40

a judicial examination of issues of fact or law for the purpose of determining the rights of the parties involved.

Question 41

What is Direct examination?

Answer 41

is the questioning of a witness by the lawyer/side/party that called such witness in a trial.

Question 42

What is Cross examination?

Answer 42

is to sift the evidence, and try the credibility of a witness who has been called and given evidence in chief.