LE 101

Card Set Information

LE 101
2012-02-10 12:42:28
Exam Terms

Exam #1
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  1. Cause of action
    A claim that based on the law and facts, is sufficient to support a lawsuit
  2. Statute
    A las enacted by a state legislature or by Congress
  3. Stare Decisis
    The doctrine that nromally once a court has decided on an issue, other courts in the same jurisdiction will decide the same way
  4. Affirm
    Higher courts agree with lower court decisions
  5. Reverse
    High court disagrees with lower court decisions
  6. Concurring opinion
    Agrees with majority result but disagrees with the reasoning
  7. Dissenting opinion
    Disagrees with majorities decision and reasoning
  8. Common Law
    Law created by the courts
  9. Equity
    Allow judges to take action when the law would normally limit their decisions
  10. Injunction
    Court requiring a party to perform a specific act or to cease doing a specific act
  11. Specific performance
    Requirment that a party fufill his or her contractual obligations
  12. Preemption
    Federal goverment's power to prevent states from passing conflicting laws and sometimes prohibits states from passing any laws on a particular subject
  13. Plantiff
    Person who initiates a lawsuit
  14. Defendant
    The person who is sued (civil case) or person being charged with a crime (criminal)
  15. Standard of proof: beyond reasonable doubt
    Used in criminal trials; evidence presented must be complete that there are no reasonable doubts regarding the guilt of the accused
  16. Standard proof: preponderance of the evidence
    Commonly used in civil trials; must prove that it is more likely than not that the defendant commited the wrongful act
  17. Damages
    • Civil Case; 3Types:
    • -Compensatory
    • -Punitive
    • -Nominal
  18. Question of Fact
    • Questions to relating to what happened:
    • -who
    • -what
    • -when
    • -where
    • -how
  19. Question of Law
    Questions related to the interpretation or application of the law
  20. Bench Trial
    Trial without a jury
  21. Jury Trial
    A jury decides the facts and determines liability or guilt
  22. Appellant
    The personal filingthe appeal (also known as the petitioner)
  23. Apellee
    Party who won the trial court (also knownas the respondent)
  24. Harmless error
    Trial court eror that is not sufficient to warrant reversing the decision
  25. Diversity Jurisdiction
    The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount controversy > $75,000
  26. Arbitration
    A 3rd party decides the disagreement between the 2 parties and comes to a binding decision
  27. Mediation
    Neutral 3 party assists parties reaching a mutally agreeable, voluntary comprimise
  28. Standing
    Principle that courts cannot decide abstract issues or render advisory opinions; limited to deciding cases that involve litigants who are personally affected by the courts decision
  29. Jurisdiction
    The power of a court to hear a case
  30. Personal Jurisdiction
    Power of a court to force a person to appear before it
  31. Minimum contacts
    Fairness requirement that a defendant must have at least a certian minimum level of contact with state before state courts can have a jurisdiciton over the defendant
  32. Statute of limitations
    Law that sets the length of ime from when something happens to when a lawsuit must be filed before the right to bring it is lost
  33. Complaint
    The pleading that begins a lawsuit
  34. Answer
    Defendant's reply to complaint
  35. Summons
    Notice informing defendant of the lawsuit and requiring the defendant to respond or risk losing the suit
  36. Summary Judgement Motion
    Request that court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the movin party is entitled to judgment as a matter of law
  37. Interrogatories
    Written questions sent by one side to the opposing side; answered under oath
  38. Deposition
    Pretrial oral quesitoning of a witness; answered under oath
  39. Subponea Duces Tecum
    Court order that a person who is not a party to litigation appear at trial and bring requested documentation
  40. Voir Dire
    Examination of prospective juror to see if he or she is fit to serve a specific case
  41. Challenge for cause
    method for excusing prospective juror based on the inability to serve in an unbiased manner
  42. Peremptory Challenge
    Method for excusing a prospective juror; no reason needed
  43. Direct Examination
    Questioning of your own witness
  44. Cross Examination
    Questioning of opposint witness
  45. Motion for judgment notwithstanding the verdict (JNOV)
    A judgement that reserves the verdict of the jury when the verdict had no reasonable factual support or was contrary to law
  46. Motion for a new trial
    Request that a court order a rehearing of a lawsuit because irregularities such as errors of the court or jury misconduct make it probable that an impartial trial did not occur
  47. Default judgment
    Judgment entered against a party who fails to complete required step
  48. Subponea
    Court requiring a person to appear to testify at a trial or deposition