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Stare Decisis

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Doctrine that requires lower courts to follow existing case law in deciding similar cases.

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Procedural Law

answer

Group of laws that define the methods for enforcing legal rights and duties.

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Laws

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Enforceable rules of conduct in a society.

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Common Law

answer

Law based on current standards or customs of the people.

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Ordinances

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Legislation enacted by a town, city, or county board or commission.

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Administrative Agencies

answer

Governmental body formed to carry out particular laws.

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Criminal Law

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Group of laws that defines and sets punishments for offenses against society.

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Equity

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Basic fairness.

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Jurisdiction

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Power of a court to decide a case.

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Unconstitutional

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Law that conflicts with a constitution and is therefore invalid.

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Statutes

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Law enacted by state or federal legislatures.

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Case Law

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Made when an appellate court endorses a rule to be used in deciding court cases.

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Code

answer

Laws grouped into an organized form.

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Substantitive law

answer

Group of laws that defines rights and duties.

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Civil Disobedience

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Open, peaceful violation of a law to protest its alleged injustice.

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Consequence-Based Reasoning

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Form of ethical reasoning that evaluates the results of an action.

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Impartiality

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Idea that the same ethical standards apply to everyone.

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Universalizing

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Mental test to identify illogical actions.

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Fundamental Ethical Rules

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Form of ethical reasoning that evaluates the act but not its consequences.

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Integrity

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Doing what is right even under pressure to act otherwise.

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Scofflaw

answer

Person who does not respect the law.

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Ethics

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Deciding what is right or wrong action in a reasoned, impartial manner.

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Fidelity Bond

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Insurance policy that pays the employer money in the case of employees' theft.

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Moral Rights

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Legitimate claims on other people which flow from each person's status as a human being.

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The Good

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Primary goal toward which human life should be directed.

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Civil Rights

answer

Personal, human rights recognized and guaranteed by the U.S. Constitution.

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Transcript

answer

Verbatim record of what went on at trial.

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Appellate court

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Reviews decisions of lower courts to determine if a significant error of law was made during trial.

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Court of record

answer

Accurate, detailed report of what went on at trial.

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Arbitrator

answer

Independent third party who develops a binding and enforceable resolution to a dispute.

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Writ of certiorari

answer

Order to a lower court to produce the record of a case for the Supreme Court to review.

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Original jurisdiction

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Power to hear the case in full for the first time.

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Juveniles

answer

Individuals over 13 and under 18 years of age who have special status under criminal law.

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Justice

answer

Title of a judge on the state supreme court or federal Supreme Court.

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Municipal courts

answer

City courts, usually divided into traffic and criminal divisions.

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Special jurisdiction

answer

Court that hears only one specific type of case.

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Appellate brief

answer

Written arguments on issues of law.

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Litigate

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To take a dispute to court.

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Mediator

answer

An independent third party who tries to develop a non-binding solution acceptable to both sides of a dispute.

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Court

answer

A governmental forum that administers justice.

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Trial court

answer

First court to hear a dispute.

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General jurisdiction

answer

Court that can hear almost any kind of case.

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Special jurisdiction

answer

Court that hears only one specific type of case.

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Associate circuit courts

answer

Court that hears minor criminal cases, state traffic offenses and lawsuits involving amounts of no more than $25,000.

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Small claims courts

answer

A court in which a civil action for a small amount, typically up to $10,000, can be filed.

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Probate courts

answer

Court that administers wills and estates.

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Procedural Defenses

answer

A defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished.

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Substantive Defenses

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A defense created to disprove, justify, or excuse the alleged crime. Most discredit the facts that the state sought to establish.

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Misdemeanor

answer

A less serious crime punishable by confinement in jail for less than one year, a fine, or both.

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Felony

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A serious crime punishable by imprisonment for more than one year or by execution.

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Conspiracy

answer

Agreement, usually secret, between two or more people to do an unlawful act.

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Crime

answer

An offense against society, such as robbery, trespassing, or murder. A breach of duty to society for which punishment may be imposed.

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Bribery

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Crime of giving or receiving money to illegally influence a governmental action.

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Burglary

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Entering a building without permission when intending to commit a crime. (a variation of larceny)

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Forgery

answer

Falsely making or materially altering a writing, with intent to defraud another.

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Embezzlement

answer

Fraudulent taking of money or other property entrusted to one's care.

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Immunity

answer

Freedom from prosecution even when one has committed the crime charged.

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Antitrust Laws

answer

Laws designed to foster business competition.

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Perjury

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Lying while testifying under oath.

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Infractions

answer

Minor misdemeanor punishable by a fine.

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White-collar Crimes

answer

Nonviolent crimes committed by business persons.

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Extortion

answer

Obtaining money or other property from a person by wrongful use of force, fear, or the power of office. Commonly known as blackmail.

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False Pretenses

answer

Obtaining property by lying.

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Fence

answer

One who receives stolen property.

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Plea Bargaining

answer

Pleading guilty to a less serious crime.

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Defense

answer

Proves the innocence of the defendant.

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Receiving Stolen Property

answer

Receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property.

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Vicarious Criminal Liability

answer

Responsibility of a corporate officer for a crime committed by one of the corporation's employees.

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Robbery

answer

Taking property from another's person or immediate presence, against the victim's will, by force or by causing fear. (a variation of larceny)

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Criminal Intent

answer

The defendant intended to commit the act and intended to do evil.

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Criminal Battery

answer

The intentional causing of bodily harm to another person.

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Criminal Act

answer

The specific conduct that violates a statute.

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Self-defense

answer

The use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, kidnapping, or rape.

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Arson

answer

The willful and illegal burning of a building.

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Larceny

answer

The wrongful taking of another person's property. (commonly known as theft)

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Punishment

answer

To discipline the wrongdoer with any penalty provided by law and imposed by a court.

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Criminal Insanity

answer

When the accused does not know the difference between right and wrong.

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Contempt of Court

answer

Willful disrespect to a court or disobedience of its orders.

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Assumption of the Risk

answer

A defense to negligence based on the plaintiff knowingly subject himself or herself to the dangers created by the defendant.

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Reasonable-Person Standard

answer

A general duty imposed by negligence law that requires that we act with the care, prudence, and good judgment of a reasonable person so as not to cause injury to others.

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Interference with Contractual Relations

answer

A third party's enticing or encouraging a breach of contract, in which the third party may be liable in tort to the nonbreaching party.

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Punitive Damages

answer

Added damages intended to punish and make an example of the defendant.

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Tort

answer

An offense against an individual.

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Evidence

answer

Anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. (i.e. weapons, pictures, documents, etc.)

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Damages

answer

Compensation for injury.

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False Imprisonment

answer

Depriving a person of freedom of movement without their consent without privilege.

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Negligence

answer

Failure to use reasonable care.

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Judgment

answer

Final result of a trial.

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Battery

answer

Harmful or offensive personal touching without consent or legal justification.

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Defamation

answer

Injury of a person's reputation by false oral or written statements.

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Fraud

answer

Intentional misrepresentation of fact, relied upon by another to her or his injury.

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Proximate Cause

answer

Natural and foreseeable cause of injury.

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Intentional Torts

answer

Offenses in which the defendant intended either the injury or the act.

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Slander

answer

Oral defamation.

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Assault

answer

Placing another in fear of harmful or offensive touching.

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Contributory Negligence

answer

Plaintiff's failure to exercise reasonable care to avoid injury, which bars recovery of any damages.

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Strict Liability

answer

Responsibility for injury regardless of negligence or intent.

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Vicarious Liability

answer

Responsibility of one person for the torts of another.

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Witness

answer

Someone who has personal knowledge of the facts in a case.

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Testimony

answer

Statements made by witnesses under oath.

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Comparative Negligence

answer

System in which damages are awarded in proportion to the plaintiff's negligence.

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Trespass

answer

Temporary or partial interference with the right to possession and use of one's property.

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Verdict

answer

The jury's decision.

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Invasion of Privacy

answer

Unlawful intrusion into another's private life causing mental or emotional injury.

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Subpoena

answer

Written court order compelling a person to appear in court and to testify.

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Libel

answer

Written defamation.

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Conversion

answer

Wrongfully depriving another of possession of personal property.

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