sources of law - Answers Constitution, statutory law, common law
express rights - Answers written in the Constitution and protected form infringement by the
government
implied rights - Answers not expressly stated, interpreted, ex. privacy
statutory law - Answers passed by an elected legislative body
statues - Answers laws passed by an elected legislative body
repeal - Answers get rid of an outdated law
amend - Answers update an outdated law
common law - Answers "judge-made" law based on precedents
precedents - Answers past behaviors/decisions that dictate how to proceed in current court
cases
stare decisis - Answers "stand on the decision," as decisions accumulate and repeat, they
become a rule of law for judges
characteristics of common law - Answers stability, consistency, predictability, flexibility
due process - Answers "fairness," everyone is entitled to notice of legal proceedings and an
opportunity to defend themselves (expressed in Constitution)
plaintiff - Answers sues defendant for some civil wrong
defendant - Answers at fault, being sued for alleged harm
forum state - Answers where the lawsuit is filed (where the plaintiff lives)
minimum contacts - Answers connection or link to forum state; required for defendant to be
sued by plaintiff (in plaintiff's state, must go to defendants state if no connections)
residency - Answers minimum contact; present intent to remain permanently
owning land - Answers minimum contact; ex. landlord
doing business - Answers minimum contact; ex. walmart corporation
committing a torte - Answers minimum contact; civil wrong, ex. bar fight, car accident
monetary remedies - Answers (money damages) fix problems by awarding money
, compensatory damages - Answers monetary remedy; money to restore victim to position from
before injury (physical OR financial)
punitive damages - Answers monetary remedy; to punish the offender financially and motivate
them to change future behavior
nominal damages - Answers monetary remedy; technical legal wrongdoing, but the victim does
not suffer an injury, so is only awarded a small amount of money
equitable remedies - Answers solutions not involving money
injunction - Answers equitable remedy; a court order, ordering a defendant to do (or stop doing)
something
contempt of court - Answers violating an injunction
specific performance - Answers equitable remedy; an exception in a contract case when money
does not fix the problem
real property - Answers land; under the law, all land is unique (no substitutions, duplications, or
replacements)
personal property - Answers all property other than land; not every piece is unique
recision - Answers equitable remedy; returns item to seller (ask for with restitution)
restitution - Answers equitable remedy; refund money paid for item (ask for with recision)
reformation - Answers equitable remedy; corrects a mistake in a transaction, ex. typo in a
contract
summons - Answers filed by plaintiff; notifies a defendant that they have been sued, informs of
deadline to file an answer (satisfies due process)
complaint - Answers filed by plaintiff; short statement of the facts of the lawsuit, asks for
remedies (satisfies due process)
answer - Answers filed by defendant in order to get a trial (satisfies due process)
personal jurisdiction - Answers power of the court over the physical body and property of a
plaintiff/ defendant
personal service - Answers delivery of summons and complaint to defendant
subject matter jurisdiction - Answers power of the court to hear and decide on a case
probate court - Answers wills, adoptions, guardianships,