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Law

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a body of rules of action or conduct prescribed by controlling authority and having legal binding force

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Jurisprudence

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the science and philosophy of law that defines various approaches to the appropriate function of law and how legal doctrines should be developed and applied

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Black's Law Dictionary

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the leading legal dictionary

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Counsel

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another name for attorney

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Constitutional Law

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the body of law interpreting state and federal constitutions

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Statutory Law

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the body of law created by the legislature and approved by the executive branch of state and federal government

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Common Law

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law that has not been passed by the legislature but rather is made by the courts and is based on the fundamentals of previous cases with similar facts

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Administrative Law

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refers to both the law made by administrative agencies and the laws and regulations that govern the creation, organization, and operation of administrative agencies

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Ordinances

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local statutes passed by federal legislatures

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Plain meaning rule

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the principle that if the words in a statute have clear and widely understood meanings, that court applies the statute; used as the initial guideline in statutory interpretation to determine how a rule should be applied

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Statutory scheme

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the structure of a statute and the format of its mandates

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Legislative history

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the records kept by the legislature, including the debates, committee and conference reports, and legislative findings of fact used when creating a law, which can be used to show the legislature's intent

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Citation

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the special format used by the legal community to express where a statute of case law can be found

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Doctrine of state decisis

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the principle that similar cases with similar facts under similar circumstances should have similar outcomes

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Precedent

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applying the law made in previous appellate court opinions to current cases with similar facts; binding on the trial courts

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Secondary sources

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sources of law that have no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue

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Federal system

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system in which a national government coexists with the government of each state

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Preamble

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the introductory part of the constitution that states its broad objectives

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Articles

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the main provisions of the constitution that set out the government's structure, power, and procedures

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Amendments

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changes made to the constitutions since its ratification

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Legislative branch

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established under Article I of the constitution and consists of the house of representatives and the senate

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Executive branch

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established under Article II of the constitution and consists of the president and vice president

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Judicial branch

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established under Article III of the constitution and consists of the supreme court and other federal courts

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Bill of Rights

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the first 10 amendments....

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Enumerated powers

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those powers that are explicitly granted to the three branches of government in the constitution

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Commerce clause

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the constitutional clause giving congress the exclusive power to regulate foreign commerce, interstate commerce, and commerce with the Indian Tribes

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Necessary and Proper Clause

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the constitutional clause giving congress the general implied authority to make laws necessary to carry out its other enumerated powers

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Executive order

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an order made by the president which carries the full force of law. they are issued to enforce or interpret federal statutes and treaties

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Jurisdiction

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the legal authority a court must have before it can hear a case

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Judicial review

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the power of the judiciary to declare a legislative or executive act unconstitutional

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Separation of powers

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the system of checks and balances created by the constitution whereby the three branches have unique powers that allow them to resolve conflicts among themselves, thus ensuring no one branch exceeds its constitutional authority

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Rational basis

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the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that the law has a reasonable connection to achieving a legitimate and constitutional objective

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Intermediate-level scrutiny

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the middle level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that a regulation involves an important government objective that if furthered by substantially related means

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Strict scrutiny

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the most stringent standard of scrutiny applied by courts deciding constitutional through judicial review when the government action is related to a fundamental right or is based on a suspect classification; upheld if the government shows a compelling need that justifies the law being enacted and no less restrictive alternatives exist

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Supremacy Clause

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the constitutional clause that makes clear that federal law is always supreme to any state law that is in direct conflict

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Preemption

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the concept that that primary sources of law are applied consistent with a hierarchy and that a law higher in the hierarchy will overrule and make void a conflicting law lower in the hierarchy. federal law preempts conflicting state law. state law preempts conflicting city and county law

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Due process

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the principle that the government must respect all of the legal rights that are owed to a person according to the law

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Fourth Amendment

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protects individual citizens' rights to be secure in their \"persons, houses, papers and effects\"

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Fifth Amendment

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provides that no person \"shall be compelled in any criminal case to be a witness against himself\".. right to remain silent

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Due process clause

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protects individuals from being deprived of \"life, liberty, or property\" without due process of law

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Court

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a judicial tribunal duly constituted for the hearing and determined nation of cases

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judiciary

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a collection of federal and state courts existing primarily to adjudicate disputes and charged with the responsibility of judicial review

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state courts

answer

courts that adjudicate matters dealing primarily with cases arising from state statutory, state common, or state constitutional law

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state trial courts

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that first courts at the state level before which the facts of a case are decided

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state appellate courts

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state level courts of precedent, concerned primarily with reviewing the decisions of trial courts

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plaintiff

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the party initiating a lawsuit

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defendant

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the party alleged by the plaintiff to have cause the plaintiff to suffer damages

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Trial de novo

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a completely new trial

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Remand

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to send a case back to the lower court from which it came for further action consistent with the opinion and instructions of the higher court

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U.S. district courts

answer

federal courts that serve the same primary trial function as state trial function as state trial courts but address issues involving federal matters

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U.S courts of appeal

answer

the intermediate appellate courts in the federal system, frequently referred to as circuit courts of appeal; consist of 13 courts, each of which reviews the decisions of federal district courts in the state or several states within its circuit

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U.S. supreme court

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the ultimate arbiter of federal law that not only reviews decisions of the federal courts but also reviews decisions of state courts that involve some issue of federal law

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jurisdiction

answer

the legal authority that a court must have before it can hear a case

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venue

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a determination of the most appropriate location for litigating a dispute

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subject matter jurisdiction

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the court's authority over the dispute between the parties

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personal jurisdiction

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the court's authority over the parties involved in the dispute

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federal question

answer

some issue arising from the constitution, a federal statute or regulation, or federal common law

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party

answer

a person or entity making or responding to a claim in a court

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diversity of citizenship

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situation in which opposing parties in a lawsuit are citizens of different states or one party is a citizen of a foreign country; the case is placed under federal court jurisdiction if the amount in controversy exceeds $75,000

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original jurisdiction

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jurisdiction that enables a court to be the first court to hear the case. the case must be filed first in this court

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concurrent jurisdiction

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situation in which two different courts each have subject matter jurisdiction to hear a case

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in rem jurisdiction

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jurisdiction over real or personal property when the property itself is the principal subject of the lawsuit

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quasi in rem jurisdiction

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jurisdiction over real or personal property when the lawsuit has to do with personal liabilities not directly associated with the property

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in personam jurisdiction

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another term for personal jurisdiction

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state long-arm statutes

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state statutes intended to allow a court to reach into another state and exercise jurisdiction over a nonresident defendant due to the defendant's conduct or other circumstances

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minimum contacts

answer

a defendant's activities within or affecting the state in which a lawsuit is brought that are considered legally sufficient to support jurisdiction in that state's courts

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zippo standard

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the legal framework used by trial courts in determining personal jurisdiction when one party is asserting minimum contacts based on a certain level of internet activity by the defendant

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country of origin principle

answer

general agreement between the US, Canada, and the European union governments to apply the law of the country in which the defendant's servers are located

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civil litigation

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a dispute resolution process in which the parties and their counsel argue their views of a civil controversy in a court of law

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standing

answer

requirement that, to maintain a lawsuit against another party, the party asserting the claim must have suffered an injury in fact and the harm must be direct, concrete, and individualized

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statute of limitations

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a time frame, which begins when injury occurs, within which a lawsuit must be filed or the lawsuit will be barred

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complaint

answer

the first formal document filed with the local clerk of courts when the plaintiff initiates a lawsuit claiming legal rights against another

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summons

answer

formal notification to the defendant that she has been named in the lawsuit and that her answer must be filed within a certain period of time

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answer

defendant's formal response to each paragraph of the complaint

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counterclaim

answer

a claim filed by a defendant who believes that the plaintiff has cause her damages arising out of the very same set of facts as articulated in the complaint

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cross-claim

answer

a claim filed by a defendant who believes that a third party is either partially or fully liable for the damages that the plaintiff has suffered and, therefore, should be involved as an indispensable party in the trial

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motion

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a request made by either party that asks that court to issue a certain order (such as a motion for summary judgment). motions mad be made before, during, and after the trial

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discovery

answer

process for the orderly exchange of information and evidence between the parties involved in litigation (or in some cases arbitration) prior to trial

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deposition

answer

method of discovery in which a witness gives sworn testimony to provide evidence prior to trial

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interrogatory

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method of discovery in which one party submits written questions to the opposing party to gather evidence prior to trial

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requests for productions

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requests aimed at producing specific items to help one party discover some important fact in the case

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request for admissions

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a set of statements sent from one litigant to an adversary for the purpose of determining what facts are in dispute and which facts both parties accept as true

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pretrial conference

answer

a meeting between the attorneys for the parties and the judge in the case several weeks prior to trial, with the objectives of encouraging settlement and resolving any outstanding motions or procedural issues that arose during the pleadings or discovery stage

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trial

answer

state of litigation that occurs when the case cannot be settled, generally taking place in front of a judge as the finder of law and with a jury as a finder of fact

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bench trial

answer

trial without a jury, in which that judge is both the finder of law and the finder of fact

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jury selection

answer

the process of asking potential jurors questions to reveal any prejudices that may affect their judgment of the facts

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opening statements

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attorneys' presentation of their theories of the case and what they hope to prove to the jury; made at the onset of the trial

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direct examination

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the first questioning of a witness during a trial, in which the witness is questioned by the attorney for the party presenting the witness

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cross-examination

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the opportunity for an attorney to ask questions in court, limited to issues brought out on direct examination, of a witness who has testified for the opposing party

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closing argument

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attorneys' summations of the case, during which each attorney tries to convince the jury to decide the case in her party's favor; occurs after testimony is completed and evidence has been submitted

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charging of the jury

answer

instructions given from the judge to the jury explaining how to work through the process of coming to a factual decision in the case

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preponderance of the evidence

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a standard used to decide a civil case whereby the jury is to favor one party when the evidence is of greater weight and more convincing than the evidence that is offered in opposition to it

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deliberations

answer

the process in which jurors discuss, in private, the testimony and evidence presented at trial and vote to reach their verdict

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verdict

answer

the final decision of a jury in a case

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hung jury

answer

a jury that cannot come to a consensus decision on which party should prevail in a case

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arbitration

answer

method of alternative dispute resolution in which a mediator attempts to settle a dispute by learning the facts of the matter and then negotiating a settlement between the two adverse parties

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mediation

answer

method of alternative dispute resolution in which a mediator attempts to settle a dispute by learning the facts of the matter and then negotiating a settlement between the two adverse parties

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expert evaluation

answer

method of alternative dispute resolution in which an independent expert acts as the neutral fact-finder; particularly useful for parties involved in a business dispute where the issues are somewhat complex and related to the intricacies of a certain industry or profession

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expert evaluator

answer

the neutral fact finder in expert evaluation who review documents and evidence provided by each party and draws on her range of experience and expertise in the industry to offer an opinion on the merits and value of the claim and recommend a settlement amount

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med-arb

answer

method of alternative dispute resolution whereby the parties begin with mediation and, if mediation fails in a fixed time period, the parties agree to submit to arbitration

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summary jury trial

answer

an abbreviated trial conducted before a jury and sitting or retired judge at which attorneys present oral argument without witness testimony and the decision is nonbinding

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minitrial

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a condensed version of the case is presented to the top management from both sides, with an expert neutral party conducting the trail, allowing them to see and hear facts and arguments so more meaningful negotiations can take place

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business ethics

answer

recognizing right and wrong business behavior and acting responsibly to the business's stakeholders

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stakeholder

answer

any individual or entity affected by a business's operations; includes the business's owners, investors, employees, customers, suppliers, and the wider community

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morals

answer

generally accepted standards of right and wrong in a given society

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ethics

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a conscious system used for deciding moral dilemmas

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utilitarian

answer

model of moral philosophy which holds that an action is ethically sound if it produces positive results for the most

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values management

answer

managerial system that emphasizes prioritizing moral values for the organization and ensuring that behaviors are aligned with those values

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moral minimum

answer

a corporate ethical philosophy in which a company strives to act as ethically as possible as long as a reasonable profit is made. ethics and CSR are priorities

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maximizing profits

answer

a corporate ethical philosophy in which a company strives to make as much money as possible which an emphasis on not breaking the law. ethics and CSR are often secondary concerns

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energy bank

answer

business model adopted by enron corporation, after deregulation of the energy markets, in which enron purchased energy from one source at a discount rate and sold it to markets where demand was greatest for energy

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agreement

answer

any meeting of the minds resulting in mutual assent to do or refrain from doing something

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state common law

answer

the governing body of law of contracts for services of real estate

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state statutory law

answer

the body of law governing contracts for goods or products; based on the uniform commercial code

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hybrid contract

answer

a contract that involves terms for both goods and services; the source of law is established by determining the predominant thrust of the subject matter

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bilateral contract

answer

a contract involving two promises and two performances

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unilateral contract

answer

a contract involving one promise followed by one performance, which then triggers a second performance from the offeror

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express contract

answer

a contract that is created when the parties have knowingly and intentionally agreed on the promises and performances

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implied contract

answer

a contract in which the agreement is reached by the parties' actions rather than their words

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quasi-contract

answer

a classification that permits a contract to be enforceable in cases where no express or implied contract exists and one party suffers losses as a result of another party's unjust enrichment

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valid contract

answer

a contract that has the necessary elements and, thus, can be enforceable

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void contract

answer

lacks one or more of the basic required elements of a contract or that has not been formed in conformance with the law from the outset of the agreement and, thus, cannot be enforced by either party

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voidable contract

answer

a contract that one party may, at its option, either disaffirm of enforce

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unenforceable contract

answer

meets the elements required by law for an otherwise binding agreement but is subject to a legal defense

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formal contract

answer

meets one or more specific requirements of construction

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informal contract

answer

not required not required to be under seal by statute or to possess a certain form or language

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executed contract

answer

completed

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executory contract

answer

not yet completed

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entire contract

answer

each component of the contract is dependent on every other component

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divisible contract

answer

can be broken up into independent parts, each part able to stand alone

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