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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.
Chapter
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.
Chapter
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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