Zero-L Terms

Question 1

Public Law:

Answer 1

The set of laws that governs the relations hip between citizens and their government. This includes constitutional law, administrative law, and much of criminal law.

Question 2

Private Law:

Answer 2

The set of laws that governs the relationship of private citizens with each other. Examples include contract law, tort law, and property law.

Question 3

State Action Doctrine:

Answer 3

The constitutional law principle that the Constitution applies only to state action toward individuals, not actions between individuals where there is no state involvement.

Question 4

Substantive Law:

Answer 4

The law that governs how people are to behave. This is the “semantics ” of law.

Question 5

Procedural Law:

Answer 5

The law that governs how to make us e of the legal system, including how to make and enforce laws. This is law’s “grammar.”

Question 6

Jurisdiction:

Answer 6

The power to make legal decisions and judgments . To say that a court “has jurisdiction” refers to its power to pronounce law, especially its power to hear a certain type of case or adjudicate disputes between particular persons . But “jurisdiction” is sometimes used differently in other contexts . For example, “this jurisdiction” refers to “this state” or “this nation’s laws.”

Question 7

Civil Law Jurisdiction:

Answer 7

A legal system built around comprehensive codes . Examples include France, Germany, and the state of Louisiana.

Question 8

Common Law Jurisdiction:

Answer 8

A legal system where law is made largely by court decisions rather than legal codes . Examples include the U.S. and other former British colonies .

Question 9

Tribal Law:

Answer 9

Law created by a tribal government that applies to tribal members and territories. There are over 500 tribal governments recognized in the U.S.

Question 10

Domestic Law:

Answer 10

The law that is made by U.S. sovereigns and governs activities on U.S. soil. In some cases, it may also govern U.S. citizens or others within the jurisdictional power of the U.S. even though they may not be physically present in the U.S.

Question 11

International Law:

Answer 11

The s et of rules that countries follow in dealing with each other. This includes the relations hip between sovereign states and international entities , such as the International Criminal Court, as well as supranational law, such as the law of the European Union that governs its members .

Question 12

Constitutional Law:

Answer 12

The body of law that derives from the U.S. Constitution. It defines the role of the branches of federal government, divides authority between the federal government and the states , and enumerates the basic rights of citizens . States also have constitutional law based on their state constitutions, but when we speak of it we typically specify “state constitutional law.”

Question 13

Statute:

Answer 13

A law passed by the legislative branch.

Question 14

Bicameralism:

Answer 14

Refers to the practice of having two “chambers ” or “houses ” of the legislative branch, each of which must pass a bill before it becomes law. A federal s tatute mus t be pas s ed by both the House of Representatives and the Senate before it becomes law.

Question 15

Presentment:

Answer 15

Refers to the practice of pres enting a federal s tatute pas s ed by both the House and Senate to the President for signature before it becomes law.

Question 16

Regulation:

Answer 16

A rule is s ued by a government agency that has the force of law. Sometimes the word “regulation” or “regulate” is also used more informally by lawyers to refer to governance. For example, “how s hould we regulate autonomous vehicles ?”

Question 17

Federal:

Answer 17

Relating to the U.S. government (as opposed to U.S. state governments ).

Question 18

Federalism:

Answer 18

A form of government, such as in the U.S., in which power is divided between a central (federal) government and regional (state) governments .

Question 19

Invalid:

Answer 19

Not legally binding. In the context of this module, a law could be said to be invalid if it violates the Constitution.

Question 20

Constitutional Amendment:

Answer 20

A change to the Constitution proposed either by the Congress , with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures.

Question 21

Duty to Retreat:

Answer 21

Also known as a “retreat rule.” A requirement of the criminal law of some states that you may not claim self-defens e if you could have s afely retreated, but did not, before using deadly force against an attacker.

Question 22

Article III:

Answer 22

The section of the U.S. Constitution that establishes and empowers the judicial branch of the federal government.

Question 23

District Court:

Answer 23

In the federal system, the general trial court (sometimes referred to as a “court of first instance”).

Question 24

Plea Bargain:

Answer 24

An agreement in a criminal case between a prosecutor and defendant in which the defendant pleads guilty in exchange for a limited charge or a reduced sentence.

Question 25

Allegation:

Answer 25

A statement that something is true that has not yet been proven. Often it refers to a factual assertion that a party claims can be proven at trial.

Question 26

Standard of Review:

Answer 26

The amount of deference given by an appellate court in reviewing the decision of a lower court. The standard of review that a court applies depends on the context of the case, the nature of the factual or legal issue being appealed, and the judicial body that made the decision.

Question 27

Appeal:

Answer 27

The review in one court of the proceedings and decisions of another, either as to law or fact, or both.

Question 28

En Banc:

Answer 28

A French expression, which translates to “on the bench.” In the federal system, en banc refers to an appeal in which all the qualified judges hear and decide the case instead of just a subset of the judges (as is typical in appeals).

Question 29

U.S. Supreme Court:

Answer 29

The highest federal court. The Supreme Court has final appellate jurisdiction over all federal court decisions and also hears state court cases that turn on issues of federal law.

Question 30

Certiorari:

Answer 30

The Supreme Court’s discretionary review of an action by a lower court or agency. To request that the Supreme Court hear an appeal, a party must file a petition (pleading) for certiorari. If the Court decides to hear the appeal, it will issue a writ of certiorari, which orders the lower court to provide its files and records for review. Often called “cert.” for short.

Question 31

Precedent:

Answer 31

A decision made in an earlier case that resolves (or at least has bearing on) a legal question in a new case. It may serve as a reason to resolve similar legal questions in the same way. Alternatively, a court or an advocate may try to “distinguish” the precedent and explain why it does not apply.

Question 32

Appeal as of Right:

Answer 32

When an appellate court is required to hear an appeal, as opposed to a “discretionary appeal,” which is when an appellate court can decide whether or not to hear an appeal.

Question 33

Acquittal:

Answer 33

A judgment holding that the state has failed to meet its burden of proving the defendant guilty. A judgment of acquittal will be imposed if a jury returns a verdict of “not guilty,” or (in some cases) if the judge determines that the evidence presented by the prosecutor is insufficient to establish the defendant’s guilt as a matter of law.

Question 34

Actus Reus Element:

Answer 34

The element in a given criminal statute that defines the culpable action that an offender must commit in order to be guilty of the crime at issue.

Question 35

Administrative Law:

Answer 35

The area of law governing agencies, a core concern of which is protecting against the excesses of agency power.

Question 36

Administrative Procedure Act (“APA”):

Answer 36

A sort of “uber” statute that governs all federal agencies and establishes the default procedures that every federal agency must follow, unless they are expressly exempted. One of the most important statutes in administrative law.

Question 37

Affirm:

Answer 37

A disposition in which a court of appeals or supreme court leaves the judgment or ruling immediately below intact. However, the reasoning the court offers for that result may have changed.

Question 38

Alienation:

Answer 38

Transfer of property to another.

Question 39

Alternative Dispute Resolution (ADR):

Answer 39

Various alternatives to litigating in courts such as negotiation, mediation, and arbitration.

Question 40

Answer:

Answer 40

A pleading by the defendant that addresses the merits of the plaintiff’s case. It typically goes line by line through the complaint and explains whether each fact alleged in the complaint is true, false, or whether the defendant for some justifiable reason cannot say whether it is true or false. It also may introduce its own claims by the defendant against the plaintiff.

Question 41

Article I of the Constitution:

Answer 41

The section of the U.S. Constitution that establishes and empowers the Legislative branch of the federal government.

Question 42

Article II of the Constitution:

Answer 42

The section of the U.S. Constitution that establishes and empowers the Executive branch of the federal government.

Question 43

Article III of the Constitution:

Answer 43

The section of the U.S. Constitution that establishes and empowers the Judicial branch of the federal government.

Question 44

Articles of Confederation:

Answer 44

An agreement among the 13 original states arranging themselves as a confederacy or a federation.

Question 45

Bail:

Answer 45

A form of pretrial detention whereby a defendant is incarcerated prior to trial unless and until he is able to deposit a sum of money with the court system (i.e., to “post bail”) that will be returned to him only if he comes to court for all future required appearances.

Question 46

Battery:

Answer 46

A particular tort that consists of one person intentionally causing harmful or offensive physical contact with another person; absent special circumstances, a person who punches, kicks, or fondles another person commits the tort of battery.

Question 47

Bench Trial:

Answer 47

A trial before a judge.

Question 48

Bill of Rights:

Answer 48

The first ten Amendments to the Constitution, submitted to the states for ratification in 1789 and ratified in 1791, and guaranteeing rights such as the freedoms of speech, assembly, and worship.

Question 49

Bill:

Answer 49

A proposed law under consideration by a legislature. A bill does not become a law until it is passed by both the House of Representatives and the Senate and either approved by the President or a Presidential veto is overcome.

Question 50

Breaching a contract:

Answer 50

To fail to fulfill contractual obligations. In other words, to break the contract.

Question 51

Brown v. Board of Education:

Answer 51

A landmark Supreme Court decision made in 1954 in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional, rejecting the doctrine of “separate but equal.”

Question 52

Burden of Persuasion:

Answer 52

The burden on a party to prove its claim to the judge (or jury). It is a kind of threshold one’s claim must cross. Common examples include the usual civil law standard of “preponderance of the evidence,” more likely than not, and the criminal law standard of “beyond a reasonable doubt,” a much higher threshold.

Question 53

Caption:

Answer 53

The heading of a case which includes the names of the parties, the name of the court issuing the opinion, the date of the opinion, and sometimes other identifying information.

Question 54

Cause of Action:

Answer 54

A claim, a set of facts that entitles one party to obtain a remedy from another party in court.

Question 55

Citation:

Answer 55

Includes the name of a case, the name of the court that decided it, the year the case was decided, the reporter, and the page number on which the case starts in the relevant reporter.

Question 56

Civil service protection:

Answer 56

The limitations on how members of the bureaucracy can be fired, demoted, or disciplined.

Question 57

Claim for Relief:

Answer 57

A part of the complaint that describes what the plaintiff is seeking in the suit, e.g., money damages, an injunction, etc.

Question 58

Comment:

Answer 58

Statements by the public about a proposed rule, typically in written form.

Question 59

Common Property:

Answer 59

Property belonging to multiple people or a group rather than an individual.

Question 60

Compensatory Damages:

Answer 60

The typical remedy provided to a successful tort plaintiff, consisting of a monetary payment in an amount that covers losses suffered by a tort victim as a result of the tort, including lost income, medical bills, and pain and suffering.

Question 61

Complaint:

Answer 61

A document that states the basis of a lawsuit (often divided into the statement of jurisdiction, cause of action, and claim for relief.

Question 62

Concurrent Resolution:

Answer 62

A legislative measure adopted by the Senate and House of Representatives that does not require the approval of the President. A concurrent resolution does not have the force of law.

Question 63

Concurring Opinion:

Answer 63

An opinion by a judge who agrees with the majority on the outcome of the case but disagrees with the majority on something or has something to add. Also called a “concurrence.”

Question 64

Conference Committee:

Answer 64

A committee made up of members from both the Senate and House of Representatives that meets, negotiates, and agrees to a new, compromised version of a particular bill when each house passes a different version.

Question 65

Congressional Delegation:

Answer 65

The process by which Congress delegates power to administrative agencies.

Question 66

Consequentialism:

Answer 66

A moral philosophy in which the rightness or wrongness of an action is judged solely by its consequences.

Question 67

Consequentialist/Utilitarian Theory of Punishment:

Answer 67

A theory that seeks to justify the state’s decision to punish someone by appealing to the benefit to society that such punishment is thought to afford (for example, by incapacitating a dangerous individual or by deterring that person or others from committing future crimes).

Question 68

Consideration:

Answer 68

The “quid pro quo” – the thing given in return for something else – that is necessary to make an agreement legally enforceable. In many cases this will be a reciprocal exchange of promises.

Question 69

Constitutional democracy:

Answer 69

A system of government based on popular sovereignty in which the structures, powers, and limits of government are set forth in a constitution.

Question 70

Conveyance:

Answer 70

Voluntary transfer of property.

Question 71

Conviction:

Answer 71

A judgment holding the defendant liable for the charged criminal offense. A judgment of conviction can be imposed if a trial ends in a guilty verdict, or if the defendant pleads guilty.

Question 72

Corporations:

Answer 72

Organizations given special legal treatment and largely designed by lawyers. They are typically owned by their shareholders and treated as a single legal entity.

Question 73

Cost-Plus Contract:

Answer 73

A contract in which the price is not fixed up front. Rather, the price is based on reimbursing the cost of performance plus an agreed-upon fee or markup rate.

Question 74

Counterfactual:

Answer 74

Relating to or expressing what has not happened or is not the case.

Question 75

Cross-references:

Answer 75

When statutes reference one another.

Question 76

Dead-Hand Control:

Answer 76

A common problem in property law characterized by owners conveying property with specific conditions on future users or owners, which may devalue the property or prevent it from being beneficially used at some later time.

Question 77

Declaration of Independence:

Answer 77

The formal public announcement by the Continental Congress on July 4, 1776, reciting the grievances of the American colonies against the British government and declaring them to be free and independent states.

Question 78

Defensive Medicine:

Answer 78

The practice in which doctors order a test or procedure primarily for the purpose of avoiding liability rather than to improve a patient’s health.

Question 79

Deliberate:

Answer 79

The process of the jury reviewing and weighing the evidence after trial to reach a verdict.

Question 80

Deterrence:

Answer 80

Using the threat of legal sanctions to induce persons or firms to change their behavior; some argue that deterrence is the main value or purpose of tort law, in that the threat of tort liability induces people to behave more carefully.

Question 81

Discovery:

Answer 81

The process by which one party makes another party (or in some cases non-party) provide information needed for the case, including asking for documents, requiring an opposing party to answer interrogatories, and depositions.

Question 82

Disposition:

Answer 82

The court’s determination of what should happen in a case. It is an action and is usually found in the last few lines of a majority opinion.

Question 83

Dissenting Opinion:

Answer 83

An opinion by a judge who would have ruled differently than the majority. Also called a “dissent.”

Question 84

District Court:

Answer 84

In the federal system, the general trial court (sometimes referred to as a “court of first instance”).

Question 85

Due Process Clause:

Answer 85

A provision of the U.S. Constitution that, in abbreviated form, states “No person shall be… deprived of life, liberty, or property, without due process of law.”

Question 86

Element:

Answer 86

A basic definitional component of a criminal offense. Elements generally fall into three categories: actus reus elements, mens rea elements, and “causation of harm” elements.

Question 87

Ex Ante:

Answer 87

A Latin phrase meaning “before the event.” The ex ante perspective asks how a decision about the law will affect the event in question, if it happens at all. For example, how does the state of the law affect various actors’ incentives to behave in certain ways.

Question 88

Ex Post:

Answer 88

A Latin phrase meaning “after the event.” The ex post perspective asks how the law should respond to an event after it occurs. For example, how should the law best compensate those who have been injured.

Question 89

Execute the Judgment:

Answer 89

Additional steps needed to effectuate the Court’s judgment. For example, if the plaintiff gets money damages from someone they may seek to garnish the defendant’s wages (i.e., deduct a certain amount every month) in order to get paid back over time.

Question 90

Executive Agencies (Executive Branch Agencies):

Answer 90

Agencies that are headed by individual appointees nominated by the President who can be removed by the President for any reason.

Question 91

Executive branch:

Answer 91

The managerial branch of the U.S. government, which includes the President, the police force, the military, the writer of the checks, the printer of the money, the builder of the roads, and the manager of the post office.

Question 92

Expectation Damages:

Answer 92

A type of damages award in which the party who breached the contract must pay monetary damages that compensate the victim by placing the victim in as good a financial position as she would have been had the contract been performed.

Question 93

Expressio Unius Est Exclusio Alterius:

Answer 93

A linguistic canon of construction that means that if you specify one thing, you implicitly exclude the things you don’t specify.

Question 94

Expressivist Theory of Punishment

Answer 94

A theory that seeks to justify the state’s decision to punish someone by appealing to the idea that such punishment could help clarify and reinforce the shared moral and ethical commitments of a given society or community.

Question 95

Family Court:

Answer 95

A court with jurisdiction over affairs of children (e.g., adoption, custody, maintenance, neglect, abuse, and abandonment) and families (e.g., divorce, alimony).

Question 96

Federal Register:

Answer 96

The compendium of proposed and finalized rules – a sort of newspaper for the federal regulatory state.

Question 97

Federal Rules of Civil Procedure:

Answer 97

The set of rules governing civil litigation in federal court.

Question 98

Federal:

Answer 98

Relating to the U.S. government (as opposed to U.S. state governments).

Question 99

Federalism:

Answer 99

A form of government, such as in the U.S., in which power is divided between a central (federal) government and regional (state) governments.

Question 100

Fee-shifting:

Answer 100

Refers to transferring one party’s attorney’s fees to the other party in the case. Typically, the shift is that the loser pays the winner’s fees.

Question 101

Fifth Amendment:

Answer 101

The amendment of the U.S. Constitution that, among other things, prohibits deprivations of life, liberty, or property, without due process of law (the “Due Process Clause”) and also states that if the state takes private property for public use, it must provide just compensation (the “takings clause”).

Question 102

First Amendment:

Answer 102

The amendment of the U.S. Constitution that Includes protections for freedom of speech, freedom of the press, the free exercise of religion (the “free exercise clause”), and a prohibition on establishment of religion (the “establishment clause”).

Question 103

Formal Rulemaking:

Answer 103

The less common type of rulemaking governed by sections 556 and 557 of the APA, involving a trial-like process where an agency must present a case for the rule in front of an administrative law judge or other official.

Question 104

Fourteenth Amendment:

Answer 104

The amendment of the U.S. Constitution adopted at the conclusion of the Civil War that extended rights and liberties against encroachment by state governments and contained guarantees of equal treatment of all persons. This amendment, among other things, also prohibits deprivations of life, liberty, or property, without due process of law (the “Due Process Clause”).

Question 105

Fourth Amendment:

Answer 105

The amendment of the U.S. Constitution that protects against unreasonable search and seizure and is very important for criminal procedure.

Question 106

Gap-Filler:

Answer 106

A legal rule that fills a “gap” in a contract, in the sense that it supplies a term in the contract that the parties failed to include. For example, in many jurisdictions, law governing commercial transactions contains rules for supplying a price term in a contract when the parties have agreed on a definite exchange but failed to specify a sales price.

Question 107

Gideon v. Wainwright:

Answer 107

A U.S. Supreme Court case holding that defendants charged with serious crimes have a federal constitutional right to a lawyer if they are too poor to pay for a lawyer themselves. The federal Constitution has been interpreted not to provide a similar right in the vast majority of civil cases.

Question 108

Governing Law:

Answer 108

The law that applies in a particular situation. For example, the law that will be used to interpret a contract.

Question 109

Gratuitous Promise:

Answer 109

A promise that is not supported by consideration, and thus usually not legally enforceable as a contract.

Question 110

Habeas corpus:

Answer 110

A writ providing the right to a hearing after you are effectively arrested or detained by the government that can only be suspended by Congress.

Question 111

Holding:

Answer 111

The legal rule announced by a case that could be used in future cases.

Question 112

Impeachment:

Answer 112

The accusation of a public officer of unfitness or wrongdoing. The President of the United States can only be impeached for “treason, bribery, or other high crimes and misdemeanors.”

Question 113

Implied Term:

Answer 113

A term that is deemed to be part of a legally enforceable agreement even though it is not negotiated or stated explicitly.

Question 114

Independent Agencies:

Answer 114

Agencies that are somewhat insulated from politics; instead of a single head, they are made of multiple members from different political parties who sit as a panel and vote on agency decisions.

Question 115

Indictment:

Answer 115

A formal document that specifies the specific criminal offenses a defendant is accused of committing. An indictment (unlike a separate type of charging document known as an information) is formally issued by a group of civilians known as a grand jury.

Question 116

Informal Rulemaking:

Answer 116

The more common type of rulemaking, otherwise known as “notice and comment” rulemaking because it allows for participation by interested parties. Governed by Section 553 of the APA.