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Law
a body of rules enforced by a government
The Rule of Law
The concept that no one is above the law, and that no one can be of breaking the law except as the law provides. From the highest official to the lowliest member of society, all are subject to the same laws.
Contract
A legally enforceable promise or set of promises
Breach of Contract
A failure to fulfill contractual obligations
Tort
A civil wrong other than breach of contract for which the law provides a remedy
Negligence
An unintentional violation of a legal duty to use a standard of care
Common Law
A legal system of court-made law where the rules are derived from previously decided cases, called precedents
Stare Decisis
The legal doctrine that requires courts to follow previous decisions called precedents
Judicial Review
Doctrine that courts determine the constitutionality of statutes
Cause of Action
A stated set of facts giving rise to a valid lawsuit
Plaintiff
The party which files a lawsuit against another party
Defendant
The person against whom a lawsuit is filed
Natural Law School
The theory that law comes from unchangeable principles evident from nature or inspired by God
Positivist School
school of law in which the government's rules are supreme
Traditional School (Historical School)
School of law that states law which has worked in the past is best suited to shape law (i.e. stare decisis, following precedent)
Legal Realist School
School of law that states there is no uniform way to interpret the law; result oriented, considering the impact on the parties and society, many are semantic relativists
U.S. Constitution
Supreme law of the land
Statutes and Treaties
acts of Congress and treaties entered by the President and approved by the Senate
Administrative Rules
Laws adopted by administrative agencies
Case Law (Common Law)
Court-made law established by the courts particular in the area of contract and tort law. Can be overruled by a contrary statute ordinance or rule unless the law involved is ruled unconstitutional
Uniform Codes
statutory schemes compiled by experts to be adopted by state legislature to help insure consistency of the law in all the states (type of Persuasive Authority)
Restatements
Common law schemes compiled by experts to influence courts and encourage nationwide consistency (type of Persuasive Authority)
Uniform Commercial Code
Uniform code that applies to all sales of goods
Administrative Agencies
A unit of the executive branch regulating a certain area
Independent Agency
an agency designed to be free from the direct authority of the president (or governor)
Executive Agency
an agent whose head is directly subject to the president (i.e. cabinet level agencies, IRS or EPA)
Criminal Law
involves wrongs against society punished by the state through prosecution
Civil Law
involves wrongs against persons or entities enforced by lawsuits to obtain money or other remedies
Substantive Law
type of law that defines rights and duties
Procedural Law
type of law that defines the method or process by which violations of rights or duties will be enforced
Statutory Law
law adopted by a legislative body
Case Law
law created by court decisions
Res Judicata
"It's been decided." An issue decided in one case between parties is binding upon the parties in another case between the parties. It wont be litigated again.
Class Action
One or more members of a group of injured parties sue on behalf of the group (class)
Standing
A person needs a tangible interest in a lawsuit to sue or become a party (i.e. Grandparents grated partial custody)
Jurisdiction
The authority of a court to decide a case. "To speak the law"
Proper Venue
The place where a case may properly be decided under
Adjudication
The process of litigation resulting in a binding (enforceable) final judgement
Adversary System
A trial system where the evidence is presented by party opponents, rather than through questions of a judge
Evidence
The testimony of witnesses and the documents and objects admitted to consideration as part of that testimony
Exclusive Jurisdiction
either a federal or state court is the only court in which a case may be heard (not both)
Concurrent Jurisdiction
both federal and state courts have jurisdiction over the type of case. The plaintiff chooses to file in one or the other
Arbitration
ADR. A binding process in which and arbitrator hears evidence and enters an enforceable decision. Generally much less costly than a trial and eliminates appeals.
Negotiation
ADR. An attempt by disputing parties to resolve their dispute informally, with or without attorneys present
Mediation
ADR. Nonbinding process in which a mediator aids parties in negotiating a dispute. Often judges get involved in mediation through required settlement conferences before the trial judge or another judge.
Summary Jury Trial
ADR. A shortened trial before an unofficial jury which makes a nonbinding, advisory decision, often ordered by a judge in complex cases to help the parties settle the case.
Mini Trial
ADR. A shortened trial before an unofficial judge, who makes a nonbinding decision (recommendation)

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