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blaw test 1
Terms in this set (53)
a body of enforceable rules governing relationships among individuals and there society
The Science/Philosphy of law
Government and legal system should reflect universal moral and ethical principals that are inherent in human nature
Body of conventional or written law of a particular society and particular point in time
a school of thought centered on the assumption that there are no laws higher than those created by a national government. Laws must be obeyed.
emphasizes the evolutionary process of law and looks to the past to discover what principles of contemporary law should be
less abstract be more realistic approach to law. Takes into account customary practices and the circumstances.
views the law as a tool for promoting justice.
failure to perform a legal Obligation
Primary Source of law
Doctrine that establishes the law on a particular issue; ex constitution statue, admin rule or court decision
Secondary Source of Law
Doctrine that summarizes and interprets the law.
Body of law derived from the US constitution and state Constistution.
Body of law enacted by legislative bodies.
If state adopts law, law becomes statutory in that state. It is a model of law developed by the National Conference of Commisoners.
Rules of law announced in court decisions
common law doctrine where judges are obligated to follow precedent.
Equitable Principles and Maxims:
General Proposiid or principles that deal with fairness
Law that defines, describes, regulates and creates legal rights and obligations.
law that establishes the methods of enforcing the rights established by substantive law.
Sources of American Law
-Statues passed by congress
-regulations passed by admin agencies
The process by which a court decides on the constitutionality of legislative enactments and actions of the executive board
The authority of a court to hear and decide a specific case
Writ of Habeus Corpus
is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order.
In personam jursidiction
Courts ability to compel presence of parties involved in court
Long Arm Statues
A state statue that permits a state to exercise jurisdiction over nonresident defendants
In Rem Jurisdiction
Courts power to decide issues relating to property
Cases Exluded from city court
A state court of limited juridiction that conducts proceeding relating to the settlement of a deceased person's estate.
A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
concerned with most appropriate location for trial
Standing to sue
1)party must have stake in the controversy
2) Party must have suffered a legal injury
3) Justiciable Controversy
A real and substantial conrtoversy
3) Motion to dismiss
Pleadings (First step in pretrial procedure)
Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.
procedurally, a defendants response to the plaintiffs coplaint
Motion to dismiss
A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiffs claims to state a cause of action has no basis in law.
-Motion for judgement on Pleadings
-Motion for Summary judgement
Motion for judgment on pleadings
A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue soley on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
Motion for summary judgment
a motion requesting the court to enter a judgment without proceeding to trial. the motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
A method by which the opposing parties obtain information from each other to prepare for trial.
The testimony of a party to a lawsuit or a witness taken under oath before a trial.
a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.
Request for other info
a party can serve a written request on the other party for an admission of the truth on matters relating to the trial.
a type of evidence that consists of all computer generated or electronically recorded information
Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted it on their hard drives. Can be described as data about data.
An informal discussion between the judge and the opposing attorneys after discovery has taken place. trying to solve the trial before court.
seventh amendement gurantees jury for trials in federal court, however not necessarily for state court.
an important part of the jury selection process in which attorneys ask question to prospective jurors.
Alternative Dispute Resolution
The resolution of disputes in ways other than those involved in the traditional judicial processs, such as negotiation, mediation, and arbitration
A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.
A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiang a settlement.
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.
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