Term
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Definition
A motion filed by one party based on the record that there is "no material question or fact". |
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Term
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Definition
| A chance for the layer to ask the party a question under oath prior to trial. |
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Definition
| Person that files the lawsuit of person that makes the complaint. |
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Definition
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Term
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Definition
| Question that has to be decided by the jury rather than the judge. |
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Definition
"Buyer Beware" It means that you have to pay attention and listen to what is being said. |
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Term
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Definition
| A position or stance on an issue; the legal ;goal toward which reasoning pushes us. |
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Term
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Definition
| the ability to understand the structure of an argument and apply a set of evaluative criteria to assess its merits. |
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Term
| 8 steps to legal reasoning |
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Definition
1. What are the facts? 2. What is the issue? 3. What are the reasons & conclusions? 4. What are the relevant rules of law? 5. Does the legal argument contain significant ambiguity? 6. What are ethical norms are fundamental to the courts reasoning?
7. How appropriate are the legal analogies? 8. Is there relevant missing information? |
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Term
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Definition
| Susceptible to 2 or more possible interpretations. |
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Term
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Definition
1. Freedom 2. Security 3. Justice 4. Efficiency |
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Term
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Definition
| A standard of conduct that we consider good or virtous. |
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Term
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Definition
| Comparing one outcome to the present situation. Assuming that 2 things are alike. |
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Term
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Definition
To obide by. Requires the court to follow previous cases. |
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Term
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Definition
| The superior is responsible for what his inferior/servants do. |
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Term
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Definition
| Making someone else liable for the actions that you took. |
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Term
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Definition
| The plaintiffs lawyer will look for the deepest pocket(person with the most money) when suing. |
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Term
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Definition
| Body of rules of conduct. It must be followed by the citizens, and if it is not then they face consequences. |
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Term
Natural Law School
(School of Jurisprudence) |
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Definition
| Believes that the law is derived from some higher authority (GOD, nature, or reason). Believes an unjust law is no law at all. |
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Term
Positivist Law School
(School of Jurisprudence) |
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Definition
| The law is what the legislative/governing body says the law is. Morals are separate from the law. |
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Term
American Realist
(School of Jurisprudence) |
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Definition
| Believes that the law is what the judge says it is. Circumstances change so the view of the law must change also. |
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Term
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Definition
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Term
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Definition
| Maker and creator of the law. |
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Term
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Definition
| The enforcer of the law. Has the power to make the law and decided whether or not to enforce the law. It influences the laws that the legislative branch makes. |
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Term
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Definition
| The 4th branch/source of laws. |
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Term
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Definition
| The supreme law of the land. |
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Term
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Definition
Gov. vs. Individual The individual may face consequences. "burden of proof" |
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Term
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Definition
| Someone is usually suing for damages. Its by a prepondance of evidence. |
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Term
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Definition
| Evidence must be beyond a reasonable doubt that the person is guilty. 90/10. |
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Term
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Definition
| It must be just enough evidence to find the person liable. 60/40. |
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Term
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Definition
| How you go about enforcing those laws. |
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Term
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Definition
| The power of the court to hear the case and rinder a binding decision. |
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Term
| Subject Matter Jurisdiction |
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Definition
| Does the court have the power to hear this kind of case? Does the court have original or appealant jurisdiction. |
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Term
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Definition
| Jurisdiction over the person. Means that the trial court has acquired power over this person. (Serve w/ petiton) |
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Term
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Definition
| Serving summons/petitions to the defending party. |
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Term
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Definition
| When the other party has sufficient minimum contact to have jurisdiction over a person/company in another state. |
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Term
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Definition
| Jurisdiction in federal and state court. |
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Term
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Definition
| If the lawsuit involves people of different states then they can be tried in federal or state court. |
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Term
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Definition
| Right granted to a defendant being sued to remove the case from the state court and move it to the federal court. |
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Term
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Definition
| Right to try a case that occurs in this particular area(county, state). The place where the court sits. |
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Term
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Definition
| This is not a convient place to try this case. A motion filed by one party saying that this isn't the place to try this case. The court may transfer the case to a more convienent forum. |
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Term
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Definition
| Some case under concurrent jurisdiction may be filed in either state that the incident occured in or it may be tried in the federal court. |
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Term
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Definition
| A person learning in the law. A person licensed to practice law. Requires degree, completion of law school and passage of the bar exam. |
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Term
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Definition
Lawyers have to work a certain amount of hours each year to benefit the public/community. "Work for free" |
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Term
| Attorney-client privilege |
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Definition
| Provides that information furnished by a client to an attorney in confidence or in conjuction with a legal matter, may not be revealed by the attorney without the client's permission. |
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Term
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Definition
| Provides that formal and informal documents prepared by an attorney in conjuction with a client's case are privileged and may not be revealed by the attorney without the clients permission. |
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Term
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Definition
| A trial court judge presides over the trial, making sure the case is heard with reasonable speed, rules on all motions are made in the case, and decides all questions of the law. |
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Term
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Definition
| Serve on panels. Review lower-court cases to determine whether errors where committed by the lower-courts. |
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Term
| Doctrine of Judicial Review |
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Definition
| Judges have the power to review actions made by other branches. |
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Term
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Definition
| A judicial philosophy that says the courts need to take an active role in encouraging political, economic and social change. |
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Term
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Definition
View there cases as "what would the founding fathers do". |
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Term
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Definition
| A judicial philosophy that says courts should refrain from determining the constitutionality of a legislative act unless absolutely necessary and that social, political, and economic change should come out of the political process. |
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Term
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Definition
| Most jurisdictions have jury lists. The jury commissioner comes up with the jury list. The prospective persons then gets summoned to come to court. |
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Term
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Definition
| A jury of 12 citizens impaneled to decide on the facts at issue in a criminal case and to pronounce the defendant guilty or not guilty. (trial court) |
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Term
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Definition
| A group of 12 to 23 citizens convened in private to decide whether enough evidence exists to try the defendant for a felony. Assists the D.A. in determining criminal charges. They only hear the state side "prosecution". They deal with other matters also. If the jury returns a "no bill" then the person will not charged/tried. |
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Term
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Definition
| A system of litigation which the judge hears evidence and arguments presented by both sides in a case and then makes an objective decision based on the facts and law as presided by each sid. |
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Term
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Definition
| Concern of business entities about profit and nonprofit activities and their unintended impact on others directly or indirectly involved. |
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Term
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Definition
One party files a complaint and the other party files an answer to the case. Papers filed by a party in court and then served on the opponent in a civil suit. |
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Term
| Motion for more defendant statements |
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Definition
A motion asking the plaintiff to give more evidence filed by the defendant. |
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Term
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Definition
| Parties may file written questions. |
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Term
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Definition
| Lawyers appear in front of the judge and they go over the cause informally or formally. (this may get the parties to come to an agreement) |
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Term
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Definition
| A simple agreement between the parties to determine whether or not something is true. |
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Term
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Definition
| A group of individuals that are demographically matched to the actual jurors in a case, in front of whom the lawyers practice their arguments before presenting their case to the actual jury. |
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Term
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Definition
Process whereby the judge and/or the attorneys question potential jurors to determine whether they will be able to render an unbiased opinion in the case. Then they strike off the jury. |
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Term
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Definition
| Some legitimate reason that will dismiss a person from being on the jury. |
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Term
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Definition
| They do not have to have any reason to dismiss the person from the jury. |
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Term
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Definition
| Provides that formal and informal documents prepared be prepared by an attorney in conjuction. |
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Term
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Definition
| Group of individuals, demographically matched to the actual jurors in a case that sit in the courtroom during a trial and the "deliberates" at the end of each day so that lawyers have continous feedback of how their case is going. |
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Term
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Definition
| Each partys attorney explains to the judge and jury what facts he or she intends to prove, the legal conclusions to which the facts will lead and the verdict. (First Impression) |
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Term
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Definition
| The lawyer asks questions and relies on the witness to answer it. "Yes or No" |
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Term
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Definition
| The lawyer can ask probing questions. (leading the witness on) |
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Term
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Definition
Similar to summary judgement. No material question or fact that my client did it. |
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Term
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Definition
| Parties meet with the judge and go over the law. The judge tells the jury which law to apply to the case. |
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Term
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Definition
| The losing party can file a motion granting a new trial or they could ask the judge to grant a judgement contrary to that handed down by the jury. |
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Term
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Definition
| Uphold the decision of a lower court. |
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Term
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Definition
| Although the lower courts decision was correct, it granted an inappropriate remedy that needs to be changed. |
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Term
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Definition
| Term used for an appellate courts decision that the lower courts decision was incorrect and cannot be allowed to stand. |
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Term
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Definition
| An appellate courts decision that an error was committed taht may have affected the outcome of the case and that therefore the case must be returned to the lower court. |
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Term
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Definition
Multiple parties joined as plaintiffs and multiple parties joined as defendants. Can be efficient because the same issue can be tried and bought in one action. |
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Term
Alternative Dispute Resolution ADR |
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Definition
| A method of resolving disputes without going the court/litigation process. (Less expensive and convienent) |
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Term
| Negotiation and Settlement |
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Definition
| An ADR method in which the disputant parties came together informally to try to resolve thier differences. |
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Term
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Definition
| The disputing parties submit their disagreement to a mutally agreed upon neutral decision maker or one provided for by statute. (Decision made by 3rd party) |
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Term
| Binding Arbitration Clause |
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Definition
| A provision in a contract mandating that all disputes arising under the contract be settled by arbitration. |
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Term
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Definition
| Separate agreement providing that a specific dispute be resolved through arbitration. |
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Term
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Definition
| An ADR method in which the disputant parties select a neutral party to help them reconcile their differences by facilitating communication and suggesting ways to solve their problems. |
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Term
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Definition
| An ADR method in which lawyers for each side present the case for their side at a proceeding referred by a neutral adviser, but settlement authority usually resides with senior executives of the disputing corporations. |
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Term
| Early Neutral Case Evaluation |
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Definition
| When parties explain their respective positions to a neutral 3rd party who then evaluates the strengths and weaknesses of the case. This evaluation then guides the parties in reaching a settlement. |
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Term
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Definition
| An ADR method in which cases are tried, usually in private bya referee who is selected by the disputants and empowered by statute to enter a binding judgement. |
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Term
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Definition
| An arbitration award that can be given to any country that are members of the NY convention. |
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Term
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Definition
| Article I section 8 clause III - The congress shall have power to.... "regulate commerce with foriegn nations, and among the several states and within the indian tribes" |
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Term
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Definition
| Article VI - The laws of the U.S. shall be the supreme law of the land. |
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Term
Doctrine of Federal preimption |
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Definition
| The federal law can preclude the laws of the state. |
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Term
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Definition
| Constitution says each branch is separate (checks and balances). |
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Term
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Definition
| Each branch regulates the other. |
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Term
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Definition
| The states retained authority to pass laws to protect the health, safety, and welfare of the community. |
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Term
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Definition
| Established individuals rights that are protected from congress. |
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Term
Due process clause (5th Amendment) |
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Definition
| Provides that no one can be deprived of life, liberty, or property without "due process of law"; found in the 5th amendment. |
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Term
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Definition
| Acts are judged good or bad based on whether the acts have achieved thier desired reults. Acts of the business community or any other social unit(e.g., gov, school, fraternity, and sorority). Act and rule utilitarianisms are two subschools. |
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Term
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Definition
| Procedural steps to which individuals are entitled before losing their life, liberty or property. |
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Term
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Definition
| Requirements that laws depriving individuals of liberty or property be fair. |
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Term
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Definition
| Private party property shall not be taken for public use without compensation. |
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Term
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Definition
| When the state takes property. |
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Term
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Definition
| When the state restricts the use of your property. |
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Term
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Definition
| Clause in a contract that decides where a case will be filed. |
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Term
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Definition
| Protects a product, process, invention, machine, or plant produced by asexual reproduction. |
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Term
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Definition
| Occurs when someone uses, sells, or manufactures the patented invention without the patent holders permission. |
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Term
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Definition
| Process, product method of operation used by a business that is not known by the public. |
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Term
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Definition
| Title to describe territory covered by website owner. |
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Term
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Definition
| A distinctive mark, word, design, picture, or arrangement used by the producer of a product that tends to cause consumers to identify the product with the producer. |
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Term
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Definition
Occurs when advertisers pay to have their advertisements displayed when a computer user types in certain keywords. |
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Term
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Definition
| Actions can be judged good or bad based on rules and principles that are applied universally. |
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Term
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Definition
| Individuals or businesses that intentionally obtain a domain name registration for a complany's trademark so that it can sell the domain name back to the trademark owner. |
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Term
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Definition
| A forum of fraud in which an individual assumes someone else's identity information as his or her own. |
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Term
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Definition
| Someone who uses insider information so that they can manipulate the stock market to their own advantage. |
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Term
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Definition
| An individual or business registers domain names in hopes that the name can besold to a business. |
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Term
| Crime requires 2 functions |
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Definition
1) Wrongful Act (Actusrea) 2) The Guilty Mind (Mensrea) |
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Term
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Definition
| The exclusive legal right to reproduce, publish, and sell the fixed form of expression of an original creative idea. |
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Term
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Definition
| (Exemption to the copyright law) A legal doctrine providing that a copyrighted work may be reproduced for purposes of criticism, comments, news, reporting, teaching(including multiple copies for classroom use), scholarships, and research. |
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Term
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Definition
| A serious crime that is punishable by death or imprisonment in a penitentary. |
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Term
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Definition
| A minor crime punishable, under federal statutes, by fine or incarceration of no more than 6 months. |
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Term
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Definition
| A crime that is less serious than a felony and is punishable by fine or imprisonment in a local jail. |
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Term
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Definition
| To seize and hold under the authority of the law. |
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Term
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Definition
| The reasonable inference from the available facts and circumstances that the suspect committed the crime. |
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Term
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Definition
| Certain legal rights that the suspect much be informed of upon arrest such as the right to remain silent, to avoid self-incrimination, and the right to an attorney. |
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Term
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Definition
| Appearance of the defendant before a magistrate, who determines whether there was probable cause for an arrest. |
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Term
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Definition
| An amount of money the defendant pays to the court upon release from custody as security that he or she will return for trial. |
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Term
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Definition
| Formal appearance of the defendant in court to answer the indictment by entering a plea of guilty or not guilty. |
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Term
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Definition
| A plea of no contest that subjects the defendant to punishment but is not an admission of guilt. |
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Term
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Definition
The negotiation of an agreement between the defendants attorney and the prosecutor, whereby the defendents plead guilty to a certain change or changes in exhange for the prosecution reducing the charge. |
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Term
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Definition
| An affirmative defense claiming that the idea for the crime did not originate with the defendant but was put into the defendents mind by a police officer or other government official. |
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Term
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Definition
| An affirmative defense claiming that the defendents mental condition precluded understanding the wrongful nature of the act he or she committed or distinguishing wrong from right in general. |
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Term
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Definition
| An affirmative defense claiming that the defendant was forced to commit the wrongful act by threat of immediate bodily harm or loss of life. |
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Term
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Definition
| An affirmative defense claiming that a mistake made by the defendant vitiates criminal intent. |
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Term
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Definition
| A crime committed in a commercial context by a member of the professional managerial class. |
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Term
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Definition
| An offense for which no state of mind is required. |
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Term
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Definition
| The offering, giving, soliciting, or recieving of money or any object of value for the purpose of influencing the judgement or conduct of a person in a position of trust, especially a government officials. |
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Term
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Definition
| The misappropriation of trust funds or money held in a fiduciary capacity. |
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Term
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Definition
| The making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist. |
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Term
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Definition
| A false document or sign of existence used to perpetrate a fraud, such as making counterfeit money. |
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Term
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Definition
| A designed misrepresentation of existing facts or conditions by which a person obtains anothers money or goods. (Ex. Writing bad checks) |
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Term
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Definition
| The material offering of anything in writing that if geniune might be the foundation of a legal liability. |
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Term
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Definition
| Repressment of material fact that the person is legally bound to disclose. |
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Term
| Violation of Federal Regulation |
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Definition
| Violation of any of the regulations of economic matters, and others designed to protect health, safety, and welfare of employees, consumers and the public in general. This is a white collar crime. |
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Term
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Definition
| Intentional use of misrepresentation to gain an advantage over another party. |
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Term
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Definition
| The secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession. |
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Term
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Definition
| Actions are evaluated as good or bad depending on whether they contribute to improving inherent human capacities such as intelligence, wisdom, and self-restraint. |
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Term
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Definition
| The wrongful conversion of the property of another by one who is lawfully in possession of that property. |
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Term
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Definition
| A nonauthorized person gaining access to a terminal when an authorized person failed to sign off, or an unauthorized person discovering an authorized user's password and signs on using that password. |
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Term
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Definition
| Using a home terminal with a telephone modem to gain access to a mainframe computer by cracking the password code and then using the computer free of charge. |
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Term
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Definition
| Covertly placing instructions in a computer program that will generate unauthorized accounts. |
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Term
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Definition
| Stealing tiny amounts of money off large numbers of inputs (such as taking a penny off each entry) and transfering them into one's personal account. |
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Term
Racketeer Influenced Corrupt Organizations Act (RICO) |
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Definition
| Prohibits persons employed by or associated with an enterprise from engaging in a pattern of racketeering acitvity, which is broadly defined to include almost all white-collar crimes as well as acts of violence. |
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Term
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Definition
| Private citizens may sue employers on behalf of the government for fraud against the government. |
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Term
| Whistleblower Protection Act |
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Definition
| Offers protection to federal employees who report illegal governmental activities. |
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Term
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Definition
The study of what makes up good and bad conduct inclusive of related actions and values. |
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Term
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Definition
| The learned norms of a society that are based on values, beliefs, and attitudes. |
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Term
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Definition
| Law that governs the relationships between nation-states. |
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Term
| Private International Law |
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Definition
| Law that governs the relationships between private parties involved in international transactions. Includes international business. |
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Term
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Definition
| The export of goods and services from a country and the import of goods and services into a country. |
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Term
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Definition
| A contractual agreement by which a company (licensor) makes its intellectual property available to a foriegn individual or company (licensee) for payment. |
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Term
| International franchising |
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Definition
| A contractual agreement whereby a company (licensor) permits another company (licensee) to market its trademarked goods or services in a particular nation. |
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Term
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Definition
| A company that is wholly or partially owned and controlled by a company based in another country. |
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Term
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Definition
The taking of private property by a host-country government for political or economic reasons. |
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Term
| Sovereign Immunity Doctrine |
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Definition
| States that a government expropriating foriegn-owned private property is immune from the jurisdiction of courts in the owner's country. |
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Term
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Definition
| States that each sovereign nation is bound to respect the independence of every other sovereign national and that the courts of one nation will not sit in judgement on the acts of the courts of another nation. |
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Term
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Definition
| Usually applied by governments to militarily sensitive goos (e.g., computer hardware and software) to prevent unfriendly nations from obtaining these goods. |
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Term
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Definition
| Import barriers set up to prevent foreign companies from destroying home industries. Two such controls are tariffs and quotas. |
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Term
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Definition
| Found in lower-income and lower-middle-income countries where regulations may restrict the conversion of domestic currency into foreign currency (e.g., the U.S. dollar) and the repatriation of foreign currency (e.g., taking U.S. dollars out of India). |
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Term
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Definition
| Exporting companies contract with a bank athat guarantees the exporter a fixed number of U.S. dollars in exhange for payment of the goods it recieves in a foriegn currency. The exporting company pays a fee to the bank. The fee is based on the risk bank is taking that the foreign currency will fluctuate. |
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Term
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Definition
| Law dealing with the enforcement of private duties. |
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Term
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Definition
| The science or philosophy of law; law in its most generalized form. |
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Term
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Definition
| Law dealing with the relationship of government to individual citizens. |
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Term
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Definition
| Guarantees freedom of speech, press, and religion and the right to peacefully assemble and to petition the government for redress of grievances. |
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Term
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Definition
| Protects the rights of individuals to be secure in their persons, homes, and property by prohibiting the government from conducting unreasonable searches of individuals and seizing their property. |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Law made by the legislative branch of the government. |
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Term
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Definition
| Law resulting from judicial interpretations of constitutions and statutes. |
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Term
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Definition
| A brief additional argument by the plaintiff to address any important matters brought out in the defendents's closing argument. |
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