CH01 - Introduction to Law
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34 terms
Terms | Definitions |
|---|---|
 Stare decisis | principle that courts should apply rules decided in prior cases in deciding substantially similar cases |
| Administrative law | law dealing with the establishment, duties, and powers of agencies in the executive branch of government |
| Adversary system | system in which opposing parties initiate and present their cases |
| Appellant | party who appeals |
| Civil law | the law dealing with the rights and duties of individuals among themselves |
| Civil law system | body of law derived from Roman law and based upon comprehensive legislative enactments |
| Common law system | body of law originating in England and derived from judicial decisions |
| Constitution | fundamental law of a government establishing its powers and limitations |
| Criminal law | the law that involves offenses against the entire community |
| Decree | decision of a court of equity |
| Defendant | the person against whom a legal action is brought |
| Definition of law | "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong" (William Blackstone) |
| Duty | legal obligation requiring a person to perform or refrain from performing an act |
| Equity | body of law based upon principles distinct from common law and providing remedies not available at law |
| Executive order | legislation issued by the President or a governor |
| Functions of law | to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change |
| Injunction | decree ordering a party to do or refrain from doing a specified act |
| Inquisitorial system | system in which the judiciary initiates, conducts, and decides cases |
| Judicial review | authority of the courts to determine the constitutionality of legislative and executive acts |
| Law and justice | are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good |
| Laws and morals | are different but overlapping: law provides sanctions while morals do not |
| Maxim | a general legal principle |
| Plaintiff | the person who initiates a civil suit |
| Private law | the law involving relationships among individuals and legal entities |
| Procedural Law | rules for enforcing substantive law |
| Prosecute | to bring a criminal proceeding |
| Public law | the law dealing with the relationship between government and individuals |
| Reformation | equitable remedy rewriting a contract to conform with the original intent of the contracting parties |
| Rescission | an equitable remedy invalidating a contract |
| Right | legal capacity to require another person to perform or refrain from performing an act |
| Specific performance | decree ordering a party to perform a contractual duty |
| Substantive law | the basic law creating rights and duties |
| Sue | to begin a lawsuit in a court |
| Treaty | an agreement between or among independent nations |
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