Legal Terminology
108 flashcards by MentisLibrary
Common law vocabulary as used in United States practice: courts and parties, civil procedure, criminal law, torts, contracts, evidence, constitutional and property law, plus the Latin phrases. For paralegal, pre-law and civics students.
- What is a statute?
- A written law enacted by a legislature.
- What is common law?
- Law developed through judicial decisions rather than by legislation, in which each ruling becomes authority for later cases.
- What is jurisdiction?
- A court's legal authority to hear a case and issue a binding decision.
- What is due process?
- The constitutional requirement that government act fairly before depriving a person of life, liberty or property.
- What is probable cause?
- A reasonable basis, on the known facts, for believing that a crime has been committed or that evidence will be found in a particular place.
- What is perjury?
- Knowingly making a false statement about a material matter while under oath.
- What is hearsay?
- An out-of-court statement offered to prove the truth of what it asserts. It is generally inadmissible.
- What is a subpoena?
- A court order requiring a person to appear and give testimony, or to produce documents or other items.
- What is negligence?
- Failure to exercise the care a reasonable person would use in the circumstances, causing foreseeable harm to another.
- What is bail?
- Money or conditions set by a court to secure a defendant's release before trial and their return to court.
- What is arbitration?
- A private process in which the parties submit a dispute to a neutral arbitrator whose decision is generally binding.
- What is mediation?
- A process in which a neutral third party helps the disputing parties negotiate their own settlement.
- What is a precedent?
- A prior judicial decision that guides or binds a court deciding a later case with similar facts.
- What does stare decisis mean?
- Latin for 'to stand by things decided'. It is the principle that courts should follow their own and higher courts' prior decisions.
- What is a regulation?
- A rule issued by an administrative agency under authority delegated to it by statute, carrying the force of law.
- What is an ordinance?
- A law enacted by a local government such as a city or county.
- Holding vs obiter dictum
- The holding is the part of a decision necessary to resolve the case and is binding. Dictum is a remark not necessary to the result and is not binding.
- Majority, concurring and dissenting opinions
- The majority opinion states the court's binding decision. A concurrence agrees with the result but on different reasoning. A dissent disagrees with the result.
- Common law systems vs civil law systems
- In a common law system judicial decisions are a primary source of law. In a civil law system a comprehensive code is primary and past decisions carry much less weight.
- Who is the plaintiff?
- The party who begins a civil lawsuit by filing a complaint against another.
- Who is the defendant?
- The party against whom a civil claim is brought or a criminal charge is filed.
- Appellant vs appellee
- The appellant is the party who appeals a decision. The appellee is the party defending the decision on appeal.
- What does a prosecutor do?
- Brings and conducts criminal cases on behalf of the government.
- Subject-matter vs personal jurisdiction
- Subject-matter jurisdiction is a court's power over the type of case. Personal jurisdiction is its power over the particular parties.
- What is venue?
- The proper geographic location for a case among courts that all have jurisdiction over it.
- What is standing?
- The requirement that a party have a sufficient personal stake in a dispute to bring it to court.
- Trial court vs appellate court
- A trial court hears evidence, finds facts and applies law. An appellate court reviews the record for legal error and does not retry the case.
- What does it mean to appear pro se?
- To represent yourself in a legal proceeding without a lawyer.
- What is an amicus curiae?
- Latin for 'friend of the court'. A person or organization that is not a party but files a brief to give the court additional argument or information.
- Grand jury vs trial jury
- A grand jury decides whether there is enough evidence to charge someone. A trial jury, or petit jury, decides guilt or liability at trial.