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| Administrative Regulation |
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| Rules made by state and federal administrative agencies |
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| Law that includes principles that are expressed for the first time in court decisions |
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| The body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts |
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| A body of principles that establishes the structures of a government and the relationship of the government to the people who are governed |
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| An obligation of law imposed on a person to perform or refrain from performing an act |
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| The body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England |
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| The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them |
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| A decision of a court that stands as the law for a particular problem in the future |
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| The rules and regulations parties agree to as part of their contractual relationships |
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| The law the must be followed in enforcing rights and liabilities |
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| The right to be free from unreasonable intrusion by others |
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| Legal capacity to require another person to perform or refrain from an action |
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| “Let the decision stand”; The principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future |
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| Legislative acts declaring, commanding, or prohibiting something |
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| The law that defines rights and liabilities |
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| The quality of the evidence in a case that allows it to be presented to the jury |
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| Action taken by an appellate court that approves the decision of the court below |
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| What a defendant must file to admit or deny facts asserted by the plaintiff |
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| Taking a case to a reviewing court to determine whether the judgement of the lower court to determine whether the judgement of the lower court or administrative agency was correct (Parties appellant, appellee) |
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| The power of a court to hear and decide a given class of cases on appeal from another court or administrative agency |
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| The settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound |
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| A court created by a trade association or group for the resolution of disputes among its members |
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| Attorney-Client Privilege |
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| Right of individual to have discussions with his/her attorney kept private and confidential |
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| The initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant |
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| A claim that the defendant in an action may make against the plaintiff |
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| A tribunal established by government to hear and decide matters properly brought to it |
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| The examination made of a witness by the attorney of the adverse party |
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| Party charged with a violation or civil or criminal law in a proceeding |
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| A pleading to dismiss the adverse party’s pleading for not stating a cause of action or defense |
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| The testimony of a witness taken out of court before a person is authorized to administer oaths |
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| Examination of a witness by his or her attorney |
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| A direction by the trial judge to the jury to return a verdict in favor of a specified party to the action |
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| Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation |
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| The term used when the full panel of judges on the appellate court hears a case |
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| The carrying out of a judgement of a court, generally directing that property owned by the defendant to be sold and the proceeds first be used to pay the execution or judgement creditor |
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| One who has acquired special knowledge in a particular field as through practical experience or study, or both, whose opinion is admissible as an aid to the trier of fact |
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| A general trail court of the federal system |
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| The name given in some states to attachment proceedings |
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| The power to hear and decide most controversies involving legal rights and duties |
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| Using prior inconsistent evidence to challenge the credibility of a witness |
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| Summary of the law given to jurors by the judge before deliberation begins |
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| Written questions used as discovery tool that must be answered under oath |
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| Primary officer of the court |
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| or non obstante verdicto (notwithstanding the verdict) a judgement entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgement should be entered the opposite of the verdict |
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| A body of citizens sworn by a court to determine by verdict the issues of fact submitted to them |
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| The power of a court to hear and determine a given classes of cases the power to act over a particular defendant |
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| Court management tool used by judges to expedite certain cases in which time is of the essence such as asbestos cases in which the plaintiffs are gravely ill |
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| The settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case |
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| A trial held on portions of the case or certain issues in the case |
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| Party who initiates a lawsuit |
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| The authority to hear controversy when it is first brought to court |
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| Statements by opposing attorneys that tell the jury what their cases will prove |
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| A government official designated by a statute to examine citizen complaints |
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| A pleading that may be filed to attack the adverse party’s pleading as not stating a cause of action or a defense |
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| Motion for Summary of Judgement |
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| Request that the court decide a case on basis of law only because there are no material issues disputed by the parties |
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| A court’s declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct |
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| The papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indication of the nature of the issues |
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| Paperwork served personally on a defendant in a civil case |
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| Party who originates a criminal proceeding |
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| An examination by the other side’s attorney that follows the redirect examination |
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| Questioning after cross examination, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross-examination |
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| An error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court |
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| Courts that resolve disputes between parties when those disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves |
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| The authority to hear only particular kinds of cases |
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| Subject Matter Jurisdiction |
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| Judicial authority to hear a particular type of case |
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| A mock or dry-run trial for parties to get a feel for how their cases will play to a jury |
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| The attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury |
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| A trial required to preserve the constitutional right to a jury trial by allowing an appeal to proceed as though there never had been any proper hearing or decision |
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| The preliminary examination of a juror of a witness to ascertain fitness to act as such |
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| Order by the U.S. Supreme Court granting a right of review by the court of a lower court |
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| The term used when the appellate court sets aside the verdict or judgement of a lower court |
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| Request for Production of Documents |
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| Discovery tool for uncovering paper evidence in a case |
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| Term used when the appellate court sends a case back to trial court for additional hearings or a new trial |
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| Dispute resolution through private courts with judges paid to be referees for the cases |
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| Reference to a Third Person |
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| Settlement that allows a nonparty to resolve the dispute |
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| A strict constructionist interpretation of a constitution |
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| The section of the U.S. government allocating business regulation between federal and state governments |
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| A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed |
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| Powers expressly granted to the the national government by the Constitution |
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| A guarantee of protection against the loss of property or rights without the chance to be heard |
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| A law making criminal an act that was lawful when done or increases such penalty when done. Such laws are generally prohibited by constitutional provisions |
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| The branch of government (ex. the president) formed to execute the laws |
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| The system of government in which a central government is given power to administer to national concerns while individual states retain the power to administer to local concerns |
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| The branch of government (ex. the courts) formed to interpret the laws |
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| The branch of government (ex. Congress) formed to make laws |
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| The term used when a constitution is interpreted according to changes in conditions |
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| The power to govern; the power to adopt laws for the protection of the public health, welfare, safety and morals |
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| The federal government’s superior regulatory position over state laws on the same subject area |
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| Privileges and Immunities Clause |
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| A clause the entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state |
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| Quasi-Judicial Proceedings |
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| Forms of hearings n which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard |
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| Powers that are held by both state and national governments |
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| Three-part division (of government) |
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| A two-house form the legislative branch of government |
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| Government body charged with administering and implementing legislation |
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| Law governing administrative agencies |
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| Administrative Procedure Act |
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Definition
| Federal law that establishes the operating rules fro administrative agencies |
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| Order issued by a court or administrative agency to stop a practice that it decides improper |
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| Informal settlements of enforced actions brought by agencies |
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| Exhaustion of Administrative Remedies |
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| Requirement that an agency make its final decision before the parties can go to court |
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| Federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities |
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| Government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents that the president or Congress direct to be published |
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| Government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents that the president or Congress direct to be published |
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| Freedom of Information Act |
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| Federal law permitting citizens to request documents and records from administrative agencies |
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| Negotiated disposition of a matter before an administrative agency generally without public sanctions |
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| Law that requires advance notice of agency meetings and public access |
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| Federal law that prohibits price discrimination |
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| A court order to dispose of interests that could lead to a monopoly |
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| The ability to control price and exclude competitors |
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| The charging practice by a seller of different prices to different buyers for commodities of similar grade and quality, resulting in reduced competition or a tendency to create a monopoly |
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| A Federal statute designed to eliminate price discrimination in interstate commerce |
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| A federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activity |
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| Laws that guard against unfairness in corporate takeover situations |
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| Three times the damages actually sustained |
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| The anticompetitive practice of requiring buyers to purchase one product in order to get another |
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