Civil Law - Answers written laws or statutes that apply to all legal questions.
Common Law - Answers Body of law derived from court decisions as opposed to statutes
Doctrine of stare decisis - Answers Lower courts must follow precedents set by higher courts.
Courts follow earlier court decisions when the same issues arise again in lawsuits
Criminal law - Answers Branch of the law that imposes penalties for wrongs against society.
Government is responsible for prosecuting perpetrators.
Civil Law - Answers Protects rights and provides remedies for breaches of duties owed to
others.
Substantive Law - Answers A classification of law that creates, defines, and regulates parties
rights, duties and powers
Procedural Law - Answers A classification of law that prescribes the steps for enforcing the
rights and duties defined by substantive law
Executive Brach - Answers Has power to recommend, approve, or veto laws. Includes the power
to appoint some judges
Legislative Branch - Answers Has the power to pass laws. Can approve or deny many of the
executives appointment ex: judges
Judicial Branch - Answers Interprets, affirms, or negates laws.
Original jurisdiction - Answers Power of court in which cases are initiated
Appellate Jurisdiction - Answers Power of a court that hear appeals from other courts
Diversity jurisdiction - Answers The authority of federal district courts to hear cases involving
parties from different parties from different states that involve amounts over a legal minimum
Writ of certiorari - Answers An appellate court's order directing a lower court to deliver its record
in a case for appellate review
Conflicts of law - Answers A body of law that resolves questions when states' laws conflict. In
tort cases the law in force where the injury occurred usually applies. In contract cases use the
center of gravity rule, applying the law of the state with the most significant relationship to the
case.
Complaint - Answers The allegations made by a plaintiff in a lawsuit
Pleading - Answers A formal written statement of the facts and claims of each party to a lawsuit
, Cause of action - Answers A plaintiff's legal grounds to sue a defendant
Answer - Answers A document filed in court by a defendant responding to a plaintiff's complaint
and explaining why the plaintiff should not win the case.
Counterclaim - Answers A complaint brought by the defendant against the plaintiff
Motion - Answers A formal request for the court to take a particular action
Motion to dismiss - Answers A request that a court terminate an action because of settlement,
etc
Motion for summary judgment - Answers A pretrial request asking the court to enter a judgment,
arguing the other side has failed to meet the legal standard to submit the case to a jury to
decide
Discovery - Answers A pretrial of all relevant information between the plaintiff and defendant
Deposition - Answers A pretrial discovery tool involving oral examination of a witness to
produce a written verbatim record
Interrogatories - Answers Specific written questions or requests raised by one party to a lawsuit
that the opposing party must answer to in writing
Subpoena - Answers A legal order to a witness to appear at a certain place and time to testify or
to produce documents
Hearsay rule - Answers The rule of evidence that prevents the admission of out of court
statements not made under oath by a person who is unavailable to testify
General verdict - Answers Complete finding and a single conclusion by a jury on all issues
presented
Special verdict - Answers reached by jury that make findings of fact by answering specific
questions posed by the judge. The judge then applies the law to the facts as the jury has found
them.
Res judicata - Answers Bars parties to a lawsuit on which final judgment has been rendered
from bringing a second lawsuit on the same claim or on related transactions.
Arbitration - Answers Taking a dispute to an impartial third party for a decision the parties agree
to be final and binding
Mediation - Answers Nonbinding. A neutral 3rd party helps parties analyze their dispute and
consider possible solutions
Legislative rules - Answers Administrative agency rule that comes from a statutory delegation