| Term | Definition |
|---|
| Order Theory | A theory of judisprudence that provides that only laws serve to create and preserve order are valid. Order theorists allow law that control behavior or provide conduct guidlines. |
| Statutory Law | law codified and wirtten; passed by some governmental entity. |
| uniform commercial code (UCC) | ________________adopted in forty nine states governing sales contracts for goods, commercial paper, security interests, documents of trial, and securities transfers. |
| characteristics of the law | flexibility, consistency and pervasiveness |
| compensatory damages | _______________are those are paid to ________________ the claimant for loss, injury, or harm suffered by another's breach of duty. |
| punitive damages | are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of ______________________ is not to compensate the plaintiff, the plaintiff will in fact receive all or some portion of the _______________award. |
| Uniform Partnership Act (UPA) | adopted in 49 states governing the creation, operation, and termination of general partnersips |
| The North American Free Trade Agreement (NAFTA) | Is an agreement signed by the governments of the United States, Canada, and Mexico creating a trilateral trade bloc in North America. |
| Caveat emptor | is Latin for "Let the buyer beware".[1] Generally caveat emptor is the property law doctrine that controls the sale of real property after the date of closing |
| The United Nations Convention on Contracts for the International Sale of Goods (CISG) | a treaty offering a uniform international sales law that, as of July 2008, had been ratified by 71 countries that account for a significant proportion of world trade, making it one of the most successful international uniform laws, |
| Dicta | is a statement of opinion or belief considered authoritative because of the dignity of the person making it, There are multiple subtypes of _______, although due to their overlapping, legal practitioners in the U.S. colloquially use ________ to refer to any statement by a court which extends beyond the issue at bar. |
| federal judicial circuits | There are currently eleven numbered circuits |
| 5th Circuit | (New Orleans) Louisiana, Mississippi, Texas. |
| 1st Circuit | (Boston) Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island |
| 3rd Circuit | (Philadelphia) Delaware, New Jersey, Pennsylvania, U.S. Virgin Islands |
| 4th Circuit | (Richmond) Maryland, North Carolina, South Carolina, Virginia, West Virginia |
| 2nd Circuit | (New York) Connecticut, New York, Vermont. |
| 6th Circuit | (Cincinnati), Kentucky, Michigan, Ohio, Tennessee, |
| 7th Circuit | (Chicago), Illinois, Indiana, Wisconsin. |
| 8th Circuit | (St. Louis) Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota |
| 9th Circuit | (San Francisco) Alaska Arizona California Guam Hawaii Idaho Montana Nevada Northern Mariana Islands Oregon Washington |
| 10th Circuit | (Denver) Colorado Kansas New Mexico Oklahoma Utah Wyoming |
| 11th Circuit | (Atlanta) Alabama Florida Georgia |
| Federal Reporter | is a case law reporter in the United States that is published by West Publishing. The third and current ______________ series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well |
| Voir dire | is a phrase in law which derives from Anglo-Norman, In origin it refers to an oath to tell the truth (Latin verum dicere), in other words to give a true verdict. |
| appellate brief | lawyers summation of issues of law and/or error for appellate court to consider. |
| absolute priviliage | this is a defense to defamation; a protection given to legislators and courtroom participants for statements made relating to the proceedings; encourages people to come forward and speak with out fear of liability. |
| federal court jurisdiction | trial court hears cases that involve federal question, the united statesas a party or a plantiff and defendant from different states, and matters with $75,000 or more at issue, opinions reported in federal supplement. |
| qualified privilage | A defense for defamation avaliable to the media that permits retraction and no liability so lonf as the information is not printed or given with malice or with reckless disregardfor whether it is true. |
| 1964 case New York Times Co. v. Sullivan | however, dramatically altered the nature of libel law in the United States by elevating the fault element for public officials to actual malice—that is, public figures could win a libel suit only if they could demonstrate the publisher's "knowledge that the information was false" or that the information was published "with reckless disregard of whether it was false or not". |
| appropriation | in international law, the taking od private property by government is also know as expropriation; in torts, use of the name, likenss, or image or another commercial purposes. |
| Proximate cause | the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. __________ produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause. |
| causation | in negligence, an element that requires the plantiff to show that the defendant's lack of care caused the plantiff's injury. refer's the the but for priciple |
| assumption of risk | defense in negligence cases that prevents an injured party from recovering if it can be established that the injured party realized the risk and engaged in the conduct anyway. |
| comparative negligence | a defense that allocates responsibility for an accident between the plantiff and the defendant when both were negligent and determines liability accordingly. |
| contributory negligence | negligence that results when the injured party acted in a negligent way and contributed to her own injuries |
| public figure | is a legal term applied in the context of defamation actions (libel and slander) as well as invasion of privacy. a ____________ cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with malice. |
| malice | is a legal term referring to a party's intention to do injury to another party, ____________ is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being |
| defamation | tort of making untrue statements |
| code of federal regulations (CFR) | is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. |
| united states code | s a compilation and codification of the general and permanent federal law of the United States. It contains 50 titles and is published every six years by the Office of the Law Revision Counsel of the US House of Representatives(statutory volumes of congressional enactments) |
| jurisdiction | the concept of authority of a court to settle disputes |
| standing | is the term for ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. |
| venue | is the location where a case is heard. In the United States, the ________ is either a county (for cases in state court) or a district or division (for cases in federal court). _________ deals with locality of a lawsuit, that is, with questions of which court or courts with proper jurisdiction may hear a specific suit |
| european union | this is a tariff free group of countries Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom |
| federal statutes | These are laws enacted by the United States Congress and signed by the President. They are generally contained in the United States Code. |
| act of state doctrine | in international law, a theory that each countries governmental actions are autonomous are not subject to judicial review by the courts in other countries. |
| reversible errors | this is a mistake made by the lower court proceedings that is ruled as improper by an appellate court and that requires a reverasal of the case and possible retrail. |
| harmless error | is a ruling by a trial judge that, although clearly mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial |
| stare decisis | let the decision stand (the doctrine or following or distingushing case precident) |
| appellant | the name on appeal for the party who appeals a lower courts decision |
| respondant | on appeal of a case, the party who is not appealing; in a pertition for a divorce, the party against whom the petition is filed. |
| writ of Certiorari | currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review |
| Judgment notwithstanding the verdict (JNOV) | judgement non obstante verdicto; a judgement notwithstanding the verdict; a judgement issued by the judge after the jury has rendered a verdict; a trial court's reversal of a jury's decision on the grounds that the verdict was against the weight of the evidence. |
| US supreme court | the highestappellate court in the federal system and also the highest appelate court for state appeals. |
| federal district court | the trial court for the federal system |
| state courts | has jurisdiction over disputes with some connection to a U.S. state. Cases are heard before and evidence is presented in a trial court, which is usually located in a courthouse in the county seat |
| diversity of citizenship | diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court, has to hear a civil case because the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens. |
| subject matter jurisdiction | the right of a court to hear disputes involving certain areas of law and amounts. |
| shopkeepers priviliage | a defense to the tort of false imprisionment for storeowners; allows reasonable detention of shoppers upon reasonable supicion of shoplifting. |
| damages | are money's claimed by, or ordered to be paid to, a person as compensation for loss or injury |
| strict liability | degree of liability for conduct an absolute standard of liability. |
Combine with other sets
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