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Chapter 1

Statue- written law enacted by the legislative branch establishing certain courses of conduct to follow.

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Ordinances- laws enacted by local government bodies.

Judicial decision- a decision about an individual lawsuit issued by fed. or state courts.


Limited-jurisdiction trial court- a court that hears matters of specialized or limited nature.

General-jurisdiction trial court- a court that hears cases of general nature.

State supreme court- highest court in a state court system.

U.S Supreme Court- court created by article III of U.S constitution.

Petition of certiorari- asking Supreme Court to hear case.

Writ of certiorari- official notice that Supreme Court will hear case.

Exclusive jurisdiction- jurisdiction held by 1 court.

Concurrent jurisdiction- jurisdiction shared by two or more courts.

Quasi in rem jurisdiction- jurisdiction allowed a plaintiff who obtains judgement in 1 state to try to collect the judgement by attaching property of the defendant located in another state.

Venue- concept requiring lawsuits to be heard by the court closest to incident.

Litigation- process of bringing, maintaining, and defending a lawsuit.

Summons- court order directing the defendant to appear in court and answer the complaint.

Consolidation- combining or more separate laws into 1 lawsuit.

Statue of limitations- statute that establishes the period during which the plaintiff must bring the lawsuit.

Deposition- oral testimony given by witness prior to trial.

Interrogatories- written questions submitted by 1 party to another.

Pretrial hearing- hearing before the trial in order to facilitate the settlement of a case.

Verdict- decision reached by the jury.

Judgement- official decision of the court.

Arbitration- form of ADR where parties choose an impartial third party to hear and decide dispute.


Enumerated powers- certain powers delegated to the federal government by the states.

Legislative branch- part of gov’t consisting of congress. (house of reps, and senate).

Executive branch- part of gov’t consisting of president and vice president.

Judicial branch- part of gov’t consisting of supreme court and federal courts.

Supremacy clause- establishes that the federal constitution, treaties, federal laws, and federal regulations are the supreme law of the land.

Preemption doctrine- concept that federal law takes precedent over state or local law.

Interstate commerce- commerce between states.

Intrastate- inside state.

Establishment clause- clause to 1st amendment prohibiting gov’t from establishing a state religion or promoting 1 over another.

Free exercise clause- to the 1st amendment prohibiting gov’t interfacing with the free exercise of religion in U.S.

14th amendment- contains due process, equal protection, privledges, and immunities.

Strict scrutiny test- test applied to classifications based on race.

Intermediate scrutiny test- test applied to classification based on protected classes. (sex, age).

Rational basis test- test applied to classifications not involving a suspect or protected class.

Due process clause- no person shall be deprived of life, liberty, or property without due process.

Procedural due process- gov’t must give proper notice before possessions are taken from him.

Privileges and immunities clause- clause prohibiting states from enacting laws that unduly discriminate in favor of their residents.

Chapter 7

Felony- most curious crime.

Misdemeanor- less serious crime.

Violation- punishable to fine.

Actus reus- guilty act.

Mens rea- evil entent.

Plea bargain- when accused admits to a lesser crime than charged.

Hung jury- jury that cannot come to unanimous decision about defendant’s guilt.

Robbery- taking property using fear or force.

Burglary- taking without being noticed.

Larceny- taking whats not yours.

Receiving stolen property- 1. Knowingly recieves

. intends to deprive rightful owner.

Arson- burning another’s building.

Forgery- altering a written document.

Extortion- blackmail.

Embezzlement- skimming off the top.

Mail fraud- use of mail to defraud.

Wire fraud- use of telephone, telegraph to defraud.

Bribery- payoff, kickback.

Unreasonable search and seizure- and search violating 4th amendment.

Search warrant- a warrant issued by court for search.

Exclusionary rule- any evidence gotten without warrant, cannot be used in court.

Chapter 5

Assault- threat of immediate harm, or if you think you are going to get hurt.

Battery- unauthorized physical contact.

False imprisonment- restraining a person without authority.

Defamation of character- false statements made to defame character.

Invasion of the right to privacy- a tort constituting the violation of a person’s right to live without being subject to unwarranted and undesired publicity.

Intentional infliction of emotional distress- a tort saying a person whose conduct intentionally or recklessly causes severe emotional distress to another person is liable for it.

Trespass to land- a tort interfering with an owner’s right to exclusive possessions of land.

Unintentional tort or negligence- says a person is liable for harm that is the foreseeable consequence of his actions.

Trespass to personal property- a tort occurring when a person is injured from another’s property.

Causation- a person who commits a negligent act is not liable unless his act was the cause of the plaintiff’s injuries. (the that must be proven- actual cause, legal cause).

Causation in fact or actual cause- the actual cause of negligence.

Proximate cause or legal cause- a point along the chain of events caused by a negligent party after which they are no longer legally responsible for the consequences of his actions.

Professional malpractice- liability of a professional who breaches his duty of ordinary care.

Negligence per se- tort where the violation of a statute or ordinance constitutes the breach of duty of care. (don’t have to prove).

Res ipsa loquitur- tort where presumption of negligence arises cause

1. The defendant was in exclusive control of situation.

. the plaintiff wouldn’t have suffered the injury but for someone’s negligence. (Defendant must prove they weren’t negligent).

Good Samaritan law- relieves medical professionals from liability when stopping to help in emergency.

Dram shop act- makes taverns responsible for serving too much.

Social host liability- rule providing social guest to be liable for injuries caused by intoxicated guest.

Assumption of the risk- a defense defendant can use against a plaintiff who knowingly enters into or participates in risky activity resulting in injury.

Contributory negligence- doctrine saying plaintiff is partially at fault for his injury cannot recover against the negligent defendant.

Comparative negligence- a doctrine under which damages are apportioned according to fault.

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