EDA6232.txt

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LauraFS325
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99968
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EDA6232.txt
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2011-09-05 21:41:13
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EDA 6232
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Education Law Definitiona
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  1. Declaratory Judgement or Declaratory Relief
    Without issuing an order for anything to be done, a court clarifies questions of law, recognizes the rights of the parties, or expresses an opinion
  2. Due Process
    Implies that the powers of the government are exercised similarly in similar situations in order to protect individual's rights. Deniel of this right is prohibited by the Fifth and Fourteenth Amendments when life, liberty, or property are involved
  3. Equal Protection of Law
    A guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or classes in similar circumstances. Deniel of this right is prohibited by the Fourteenth Amendment.
  4. Hearsay
    • n.
    • 1) second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.
    • 2) a common objection made by the opposing lawyer to testimony when it appears the witness has violated the hearsay rule.
    • 3) scuttlebutt or gossip.
  5. De Novo
    A new, afresh, a second time. A second trial of a case that has been sent back from a higher court for a new trial.
  6. Competent Jurisdiction
    (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that--

    • (i) has jurisdiction over the offense being investigated;
    • (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or
    • (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title [18 USCS § 3512]; or

    (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants.”
  7. Political Subdivision of the State
    local governments created by the states to help fulfill their obligations. Political subdivisions include counties, cities, towns, villages, and special districts such as school districts, water districts, park districts, and airport districts.
  8. Malice
    n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being.
  9. De facto
    In fact. A state of affairs that must be accepted for all practical purposes, but does not have the sanction of laws behind it. As distinguished from dejure.
  10. Adhesion Contract
    n. (contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move.
  11. Breach
    • 1) n. literally, a break. A breach may be a failure to perform a contract (breaking its terms), failure to do one's duty (breach of duty, or breach of trust), causing a disturbance, threatening, or other violent acts which break public tranquility (breach of peace), illegally entering property (breach of close), not telling the truth-knowingly or innocently-about title to property (breach of warranty), or, in past times, refusal to honor a promise to marry (breach of promise).
    • 2) v. the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.
  12. Common Law
    A system of law in which authority is not derived expressly from statutes. Rather, traditional legal principles are derived from usage and custom as enuciated by court decisions.
  13. Civil Law
    • n. 1) a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian, and which differ from Englishcommon law, which is the framework of most state legal systems. In the United States only Louisiana (relying on the French Napoleonic Code) has a legal structure based on civil law.
    • 2) generic term for non-criminal law.
  14. Criminal Law
    n. those statutes dealing with crimes against the public and members of the public, with penalties and all the procedures connected with charging, trying, sentencing and imprisoning defendants convicted of crimes.
  15. Damages
    The compensation or indemnity claimed by the plaintiff or allowed by the court for injuries sustained as a result of a wrongful act or negligence of another.
  16. Estoppel
    n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).
  17. Fiduciary
    • 1) n. from the Latin fiducia, meaning "trust," a person (or a business like a bank or stock brokerage) who has the power and obligation to act for another (often called the beneficiary) under circumstances which require total trust, good faith and honesty.
    • He/she/it must avoid "self-dealing" or "conflicts of interests" in which the potential benefit to the fiduciary is in conflict with what is best for the person who trusts him/her/it.
    • 2) adj. defining a situation or relationship in which a person is acting as a fiduciary for another.
  18. De jure
    By right. A legitimate state of affairs that has the force of law behind it.
  19. Judgement
    A decision rendered by a court
  20. Stare Decisis
    To stand by decided cases. The doctrine whereby precedent assumes the authority of established law.
  21. Contract
    n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.
  22. Tort
    A private or civil wrong or injury against a person's body, property or reputation excluding breach of contract.
  23. Negligence
    Failure to exercise ordinary prudence and foresight when such failure results in an injury to another.
  24. Dicta
    n. the plural of dictum.

    Dictum -- An opinion expressed by a judge in a proceeding that is not necessary in formulating the court's decision. Therefore, it does not extablish binding precedent. Howevery, it may indicate the judge's persuassion.
  25. In loco parentis
    In place of the parent. Possessing a portion of the parent's rights, duties, and responsibilities.
  26. Injunction
    An order issued by a court of equity prohibiting a person from committing a threatened act or continuing to do some act that is injurious to the plaintiff.
  27. Quid pro quo
    A consideration, giving one valuable thing for another.
  28. Malfeassance
    Commission of an unlawful act.
  29. Misfeassance
    Improper performance of a lawful act.
  30. Per curiam
    An opinion rendered by an entire court, as opposed to an opinion of any one of several justices.
  31. Bill of Rights
    n. the first ten amendments to the federal Constitution demanded by several states in return for ratifying the Constitution, since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787. Adopted and ratified in 1791,
  32. Certiorari
    A judicial process whereby a case is removed from a lower court to a higher court for review. The record of the proceedings is transmitted to the higher court.
  33. Copyright
    • n. the exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will. As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection.
    • Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work.

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