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Flashcards

Law Jargon

Kailey Illes Law Bachillerato Internacional English 95 cards

Cards in this deck (95)

  1. 1LawA body of enforceable rules governing relationships among individuals and between individuals and society
  2. 2BreachThe failure to perform a legal obligation
  3. 3Primary Source of law:A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision
  4. 4Secondary Source of LawA publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review
  5. 5Constitutional lawThe body of law derived from the US constitution and the constitutions of the various states
  6. 6Statutory lawThe body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
  7. 7CitationA reference to a publication in which a legal authority, such as a statue or a court decision, or other source can be found
  8. 8OrdinanceA regulation enacted by a city or county legislative body that becomes part of that states statutory law
  9. 9Uniform lawA model law created by the national conference of commissioners on uniform state laws and/or the America Law institute for the states to consider adopting. Each state has the option of adopting or rejecting all or part of a uniform law. If a state adopts the law, it becomes statutory law in that state.
  10. 10Administrative LawThe body of law created by administrative agencies (in the form of rules, regulations, orders and decisions) in order to carry out their duties and responsibilities
  11. 11Administrative AgencyA federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts
  12. 12Enabling LegislationA statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose and powers of the agency being created
  13. 13AdjudicateTo render a judicial decision, In the administrative process, adjudication is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency
  14. 14RulemakingThe process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rulemaking involves notifying the public of a proposed rule or change and receiving and considering the public's opinion
  15. 15Legislative RuleAn administrative agency rule that carries the same weight as a congressionally enacted statute
  16. 16Interpretive RuleAn administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statues it enforces. Such rules are not binding on private individuals or organizations
  17. 17Administrative Law Judge (AL)One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact
  18. 18Case LawThe rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions
  19. 19Common LawThe body of law developed from custom or judicial decisions in English and the US courts, not attributable to a legislature
  20. 20PrecedentA court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
  21. 21Stare DecisisA common law doctrine under which judges are obligated to follow the precedents established in prior decisions
  22. 22Binding AuthorityAny source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents
  23. 23Persuasive AuthorityAny legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law.
  24. 24RemedyThe relief given to an innocent party to enforce a right or compensate for the violation of a right.
  25. 25PlaintiffOne who initiates a lawsuit
  26. 26DefendantOne against whom a lawsuit is brought; the accused person in a criminal proceeding
  27. 27Equitable principles and MaximsGeneral propositions or principles of law that have to do with fairness (equity)
  28. 28JurisprudenceThe science or philosophy of law
  29. 29Natural LawThe belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural law school is the oldest and one of the most significant schools of legal thought.
  30. 30Statute of limitationsA federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced
  31. 31Legal PositivismA school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must e obeyed, even if they are unjust, to prevent anarchy
  32. 32Historical SchoolA school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be.
  33. 33Legal RealismA school of legal thought of the 1920s and 1930s that generally advocated ales abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. This school left a lasting imprint on American jurisprudence
  34. 34Sociological thoughtA school of legal thought that views the law as a tool for promoting justice in society
  35. 35Substantive lawLaw that defines, describes, regulates and creates legal rights and obligations
  36. 36Procedural LawProcedural Law Law that establishes the methods of enforcing the rights established by substantive law
  37. 37CyberlawAn informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted on the internet
  38. 38Civil LawThe branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters
  39. 39Civil law systemsCivil law systems A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies. In the United States, Louisiana, because of its historical ties to France, has, in part, a civil law system.
  40. 40Criminal LawLaw that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society demands redress
  41. 41National LawLaw that pertains to a particular nation (as opposed to international law)
  42. 42International LawThe law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law
  43. 43Federal form of governmentA system of government in which the states form a union and the sovereign power is divided between the central government and the member states
  44. 44Checks and BalancesThe principle under which the powers of the national government are divided among three separate branches- the executive, legislative, and judicial branches- each of which exercises a check on the actions of others
  45. 45Commerce ClauseThe provision in Article I, Section 8, of the US Constitution that gives Congress the power to regulate interstate commerce
  46. 46Police PowersPowers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
  47. 47Supremacy ClauseThe requirement in article VI of the US constitution that provides that the Constitution, laws, and treaties of the United states are "the supreme Law of the Land" Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.
  48. 48PreemptionA doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
  49. 49Bill of RightsThe first ten amendments to the US constitution
  50. 50Symbolic SpeechNonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.
  51. 51Filtering SoftwareA computer program that is designed to block access to certain websites, based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program
  52. 52Meta TagA key word in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on these tags in Web documents
  53. 53Establishment ClauseThis provision in the first amendment to the US constitution that prohibits the government from establishing any state sponsored religion or enacting any law that promotes religion or favors one religion over another
  54. 54Free Exercise ClauseThe provision in the First Amendment to the US Constitution that prohibits the government from interfering with peoples religious practices or forms of worship
  55. 55JurisdictionThe authority of a court to hear and decide a specific case
  56. 56The authority of a court to hear and decide a specific caseThe process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
  57. 57Long Arm StatuteA state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply .
  58. 58Probate CourtA state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased persons estate
  59. 59Bankruptcy CourtA federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law
  60. 60Federal QuestionA question that pertains to the US constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction
  61. 61Concurrent JurisdictionJurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in federal or a state court.
  62. 62Exclusive JurisdictionJurisdiction that exists when a case can be heard only in a particular court or type of court
  63. 63VenueThe geographic district in which legal action is tried and from which the jury is selected
  64. 64Writ of CertiorariA writ from a higher court asking a lower court for the record of a case
  65. 65Rule of FourA rule of the United States Supreme Court under which the court will not issue a writ of certiorari unless at least four justices approve the decision to issue the writ
  66. 66LitigationThe process of resolving a dispute through the court system
  67. 67PleadingsStatements made by the plaintiff and the defendant in a lawsuit that details the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings
  68. 68ComplaintThe pleading made by plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
  69. 69SummonsA document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiffs complaint
  70. 70Default JudgementA judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim.
  71. 71AnswerProcedurally, a defendant's response to the plaintiffs complaint
  72. 72CounterclaimA claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff
  73. 73ReplyProcedurally, a plaintiff's response to a defendants answer
  74. 74Motion to DismissA pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case
  75. 75Motion for judgement on the pleadingsA motion by either party to a lawsuit at the close of the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute
  76. 76Motion for summary judgementA motion requesting the court to enter a judgement without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute
  77. 77DocketThe list of cases entered on a court's calendar and thus scheduled to be heard by the court
  78. 78Alternate Dispute resolutionThe resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration
  79. 79NegotiationA process in which parties attempt to settle their dispute informally, with or without attorneys to represent them
  80. 80MediationA method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement
  81. 81ArbitrationThe settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision that is (most often) legally binding
  82. 82Arbitration ClauseA clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court
  83. 83Online Dispute ResolutionThe resolution of disputes with the assistance of organizations that offer dispute resolution services via the internet
  84. 84Summary Jury TrialA method of settling disputes, used in many federal courts, in which a trial is held, but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial
  85. 85TortA civil wrong not arising from a a breach of contract; a breach of contract; a breach of legal duty that proximately causes harm or injury to another
  86. 86Business TortWrongful interference with another's business rights
  87. 87Cyber TortA tort committed in cyberspace
  88. 88DamagesMoney sought as a remedy for a breach of contract or a tortious action
  89. 89Compensatory DamagesA monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party
  90. 90Punitive DamagesMonetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future
  91. 91Intentional TortA wrongful act knowingly committed
  92. 92TortfeasorOne who commits a tort
  93. 93AssaultAny word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
  94. 94BatteryThe unexcused, harmful or offensive, intentional touching of another
  95. 95DefenseA reason offered

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Bachillerato Internacional Law Flashcards on Law Jargon, created by Kailey Illes on 29/01/2015.
Created by
Kailey Illes · Jan 2015
Updated
Feb 19, 2016
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