Karteikarten
Terminology
Karten in diesem Stapel (16)
- 1Petition for Writ of CertiorariA document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.
- 2SupraLatin for "above," in legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned.
- 3Libel (written defamation)to publish in print (including pictures), an untruth about another which will do harm to that person or the reputation; defamation. A tort (civil wrong) making the person or entity (e.g. newspaper, magazine or political org) open to a lawsuit by the person who can prove the statement about him/her was a lie.
- 4Libel Per SeWritten publication of a false statement someone which accuses h/her of a crime, immoral acts, inability to perform h/her profession, having a loathsome disease (like syphilis) or dishonesty in business. Malice need not be proved to obtain a judgment for "general damages," and not just specific losses.
- 5Caveat EmptorLatin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections.
- 6SlanderOral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.
- 7Slander Per SeUntrue accusation of having committed a crime, having a loathsome disease or being unable to perform one's occupation since the harm and malice are obvious and therefore usually result in general and even punitive damage recovery by the person harmed.
- 8Trial de NovoLittle or no attention is paid to what transpired at the first trial, for the whole job is done anew as if the first trial had never taken place.
- 9Common Lawjudge-made law: the body of law that emerges from decisions by courts-principally appellate courts-in specific cases.
- 10"in rem" jurisdictionCourts exert jurisdiction over things rather than persons.
- 11Diversity JurisdictionFederal courts involving cases between citizens of different states.
Article III of the
U.S. Constitution requires that they hear these laws. - 12Substantive LawLaw which establishes principles and creates and defines rights limitations under which society is governed.
- 13Procedural LawSets the rules and methods employed to obtain one's rights and, in particular, how the courts are conducted.
- 14Enacted Law/ Positive LawLegislation and Constitutional Laws
- 15Black Letter LawA principle of law so notorious and entrenched that it is commonly known and rarely disputed.
A term used to describe basic principles of law that are accepted by a majority of judges in most states. - 16Inter AliaAmong other things.