Unit 1 Vocab Flashcards

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1
Q

Business Law

A

rules of conduct for the performance of business transactions

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2
Q

Civil Law

A

the body of law concerned with private or personal rights

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3
Q

Criminal Law

A

law dealing with crimes and the punishment of wrongdoers

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4
Q

Common Law

A

the body of law derived from judicial decisions rather than from statutes or constitutions

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5
Q

Complaint (petition)

A

the document which initiates a civil lawsuit

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6
Q

Defendant

A

the person against whom legal action is brought

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6
Q

Crime

A

an offense which is injurious to society as a whole

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7
Q

Discovery

A

the formal and informal exchange of information between sides in a lawsuit

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8
Q

Execution

A

the carrying out or completion of some task

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9
Q

Appellate courts

A

courts hearing cases appealed from a lower court

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9
Q

Answer

A

official document responding to plaintiff’s complaint

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10
Q

Appeal

A

request to a higher court to review a lower court’s decision

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11
Q

Felony

A

a serious criminal offense that is punishable by imprisonment for more that one year or death

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12
Q

Injunction

A

a judicial order or decree forbidding certain conduct

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13
Q

Judgement

A

a decision of the court

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14
Q

Law

A

governmental rule prescribing conduct and carrying a penalty for violation

15
Q

Misdemeanor

A

a less serious crime punishable by fine and/or imprisonment of less than one year

16
Q

Ordinance

A

law enacted by a local unit of government

17
Q

Plaintiff

A

the party who initiates a civil action

18
Q

Statutes

A

law which are enacted by legislative bodies

19
Q

Stare Decisis

A

the principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future

20
Q

Summons

A

a notice given to a defendant, attaching the complaint, and stating a time frame in which to respond

21
Q

Tort

A

a private or civil wrong against a person or their property, other than by breach of contract, for which there may be action for damages

22
Q

Trial Court

A

the court which conducts the original trial of a case

23
Q

Law

A

those rules of conduct commanding what is right and prohibiting what is wrong

24
Q

Common law

A

a historical foundation of United States jurisprudence

25
Q

Criminal Law

A

Crime
◦ Classification of crimes
 Felony
 Misdemeanor
Civil Law
Tort law
 Negligence
 Strict liability

26
Q

Sources of United States Law

A

Constitutional
◦ Federal
◦ State
 Legislative (Statutory law)
◦ Federal statutes
◦ State statutes
◦ Municipal ordinances
Administrative (rules, regulations, orders, and decisions)
◦ Federal
◦ State
 Case Law
◦ Federal
◦ State
◦ Stare decisis—stand by the decision

27
Q

The Judicial Process

A

Jurisdiction
 Federal Court system
District courts (court of original jurisdiction)
Circuit courts of appeal
12 judicial circuits
Court of Appeals for Federal Circuit
United States Supreme Court
Special Federal courts–(i.e., U.S. Bankruptcy Court, U.S. Court of
Federal Claims)
State Court
◦ Inferior Courts
◦ Courts of original general jurisdiction
◦ Appellate Courts (including State Supreme Courts)
◦ State courts of specific jurisdiction i.e., Probate courts, Domestic Relations
courts

28
Q

Functions of the court

A
  • Trial Court
  • Appellate court
29
Q

Judicial Terminology

A
  • Plaintiff vs. Defendant
  • Government (Federal, State, Municipality) vs. Individual
    Civil court procedures
    ◦ Complaint
    ◦ Summons
    ◦ Answer
    ◦ Discovery
    ◦ Trial
    ◦ Judgment
    ◦ Execution