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MGT 2106 - Exam 1
Terms in this set (62)
consists of enforceable rules governing relationships among individuals and between individuals and their society
the branch of law that defines and punishes wrongful actions committed against the public
an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet
one against whom a lawsuit is brought, or the accused person in a criminal proceeding
a court opinion that presents the views of one or more judges or justices who disagree with the majority's decision
due process clause
the provisions of the 5th and 14th Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions
equal protection clause
the provision in the 14th amendment that requires state governments to treat similarly situated individuals in a similar manner
the provision in the 1st amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another
free exercise clause
the provision in the 1st amendment that prohibits the government from interfering with people's religious practices or forms of worship
the law that governs relations among nations
the state of being legally responsible (liable) for something such as a debt or an obligation
a court opinion representing the views of the majority (more than half) of the judges or justices deciding the case
law that pertains to a particular nation (as opposed to international law)
a regulation enacted by a city or county legislative body that becomes part of that state's statutory law
per curiam opinion
a court opinion that does not indicate which judge or justice authored the opinion
any legal authority or source of law that a court may look to for guidance but need not follow when making its decision
one who initiates a lawsuit
a court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number
powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
primary source of law
a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision
law that establishes the methods of enforcing the rights established by substantive law
the relief given to an innocent party to enforce a right or compensate for the violation of a right
secondary source of law
a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review
a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)
law that defines, describes, regulates, and creates legal rights and obligations
the requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the U.S. are "the Supreme Law of the Land"
nonverbal expression of beliefs (gestures. movements, and articles of clothing) which is given substantial protection by the courts
a model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute
alternative dispute resolution
The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.
Procedurally, a defendant's response to the plaintiff's complaint.
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.
A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
jurisdiction that exists when two different courts have the power to hear a case
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
a judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
the testimony of a party to a lawsuit or a witness taken under oath before a trial
diversity of citizenship
A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.
A question that pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case
the process by which a court decides on the constitutionality of legislature enactments and actions of the executive branch
the authority of a court to hear and decide a specific case
A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case
The process of resolving a dispute through the court system.
long arm statute
A state statute that permits a state to exercise jurisdiction over nonresident defendants.
A method of settling disputes outside of court by using the services of a neutral third party, called a who acts as a communicating agent between the parties and assists them in negotiating a settlement
motion to dismiss
A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim to state a cause of action has no basis in law.
A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them. or, the transfer of an instrument in such form that the transfere (the person to whom the instrument is transferred) becomes a holder
online dispute resolution (ODR)
The resolution of disputes with the assistance of an organization that offer dispute-resolution services via the Internet.
Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
question of fact
In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point.
question of law
In a lawsuit, an issue involving the application or interpretation of a law.
Procedurally, a plaintiff's response to a defendant's answer.
rule of four
A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
small claims court
A special court in which parties may litigate small claims (such as $5,000 or less). Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.
standing to sue
The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.
A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person so authorized.
The geographic district in which a legal action is tried and from which the jury is selected.
writ of certiorari
A writ from a higher court asking a lower court for the record of a case.
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