Administrative Law >>> the area of law dealing with the legislature creating statute agencies that will
regulate industries or other conduct
Common Law >>> customs which have become recognized by the courts as binding in the community
Constitutional Law >>> the laws creating the formation of the government, authorizing those acts
which the government can perform and describing the relationship between the government and the
citizens
Judicial Law >>> laws created by judges making decisions in court cases
Law >>> those rules of conduct commanding what is right and prohibiting what is wrong
ordinances >>> laws enacted by a municipality
Stare decisis >>> the principle that the decision of a higher court should serve as a guide or precedent
and control the decision a similar case in the future.
statutes >>> laws which are enacted by legislative bodies
business law >>> those rules of conduct prescribed by government and its agencies in regulating
business transactions; law of agency and applying that law to business forms such as proprietorships,
partnerships and corporations
Civil Law >>> the body of law concerned with private or purely personal rights
Crime >>> an offense that is injurious to a society as a whole
Criminal Law >>> laws dealing with crimes and punishment of wrong doers
equity >>> a system of law designed to furnish remedies for wrongs for which no adequate legal
remedy, money damages, was provided by the common law
felony >>> a more serious criminal offense that is punishable by death or incarceration for more than
one year
injunction >>> a court order that orders a person to do or refrain from doing a certain act, and example
of an award in equity
intentional >>> a state of mind where acts are committed willfully, voluntarily and/or purposefully
, malpractice >>> a breach of contract by a professional person
misdemeanor >>> a less serious criminal offense, punishable by fine or imprisonment of less than one
year
negligence >>> failure to exercise reasonable care; omission to do something which a reasonable
person would do under ordinary circumstances
rescission >>> requiring each party to surrender their rights under the contract, return whatever each
has received and terminate the contract
scienter >>> actual knowledge of that which a reasonable person could expect to know
strict liability >>> conduct that is either so dangerous or special that if a person performs it and injury
occurs to another, liability will be found regardless of the degree of care used
tort >>> a private or civil wrong, other that breach of contract, for which there may be action for
damages
tortfeasor >>> the person committing the tort causing harm to the victim
answer >>> official document detailing a defendant's defense
appeal >>> request to a higher court to review lower courts decision
appeal de novo >>> after a trial/hearing, the appeal to the next level court will conduct another trial as
the the first trial never occurred
appellate review >>> after a trial/hearing, the appeal to the next level of court where the court will
review the record of what happened at the lower level. The court will not conduct a trial nor receive
new evidence or testimony
appellate courts >>> courts hearing cases appealed from a lower court
arbitration >>> a non-judicial proceeding where the parties submit their dispute to a panel or
individual. The arbitrator is responsible for making a decision. It does not matter if the decision is
binding or non-binding.
arraignment >>> charging a person with a crime and asking for that person's plea
arrest >>> to take into police custody
booking >>> administrative step taken after an arrested person is brought to the police station
certiorari >>> a request made to the United States Supreme Court asking permission for that court to
review the decision of a lower court
complaint >>> the written request that initiates a civil law suit