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Basic Legal Vocabulary Flashcards

C (68 cards)

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1
Q

Capital Punishment (n.)

A

punishment by death, as ordered by a legal system.

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2
Q

Capital Punishment (n.) (e.g.)

A

Capital punishment is still possible in over thirty states in the United States.

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3
Q

Case (n.)

A

This is one of those terms that has several meanings. Technically, a case is a dispute between two or more parties. “Case” also refers to the opinion of a court and its ruling on a particular set of facts and legal issues. Thus, a casebook for a class is a collection of opinions. Case, judgment, ruling, opinion, and decision are often used interchangeably.

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4
Q

Case (n.) (e.g.)

A

-The O.J. Simpson case fascinated the entire country that summer.
-She won her case before the lower court, but lost on appeal. - - The case will probably go before the Supreme Court next year.
In a democracy, judges are supposed to decide cases strictly on their merits.

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5
Q

case law (n.) caselaw or case-law UNCOUNTABLE!

A

Law that has been established by following legal decisions made by judges in earlier cases. — see landmark

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6
Q

Case law (n.) (e.g.)

A

Case law has been instrumental in the creation of European Union law.

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7
Q

Cause of action (n.)

A

The charges (or “counts”) that make up the case or lawsuit. / an acceptable reason in law for taking legal action against someone:

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8
Q

cause of action (n.) (e.g.)

A

The points a plaintiff must prove to win a given type of case are called the “elements” of that cause of action. (For the cause of action of negligence, for example, the elements are existence of a duty, breach of that duty, causation by that breach, and damages suffered by the plaintiff.)

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9
Q

charge (v.)

A

to formally accuse someone of doing something illegal — see accuse

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10
Q

charge (v.) (e.g.)

A

He was charged with murder. (charged with murdering his wife)

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11
Q

charge (n.)

A

formal accusation of a crime

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12
Q

charge (n.) (e.g.)

A

The charges against him were reduced because he cooperated with the prosecution. He has been arrested on a charge of burglary.

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13
Q

civil adj. (law)

A

Civil law is the law that applies to private rights as opposed to the law that applies to criminal matters.

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14
Q

civil adj. (law) (e.g.)

A

The United States had preserved the right to a jury in civil cases.

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15
Q

Civil (law) (adj.) 2nd explanation

A
  1. Civil law may also refer to the body of law developed from Roman law and used in places such as Louisiana, continental Europe, and in many other countries outside of the English-speaking world — see common law
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16
Q

Civil (law) (adj.) 2nd explanation (e.g.)

A

France is usually described as a country of civil law as opposed to a country of common law.

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17
Q

claim (v.)

A

If you claim something, you try to get it because you think you have a right to it.

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18
Q

claim (v.) (e.g.)

A

She intends to claim for damages against the doctor who cut off the wrong leg.

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19
Q

claim (n.)

A

a written request asking an organization to pay you an amount of money that you believe they owe you

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20
Q

claim (n.) (e.g.)

A

She made a claim for damages, but the court found that she, and not the other driver, had been negligent.
A Texas jury found Andrea Yates guilty of capital murder Tuesday, rejecting her claim that she was insane when she drowned her five children in a bathtub last summer.

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21
Q

claimant UK (n.)

A

a person who asks for something which they believe belongs to them or which they have a right to (see plaintiff)

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22
Q

claimaint UK (n.) (e.g.)

A

The claimants allege that the defendant sold them a dangerous product.

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23
Q

commit (v.)

A

If someone commits a crime, they do something illegal.

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24
Q

commit (v.) (e.g.)

A

He was sent to prison for committing murder, but he was later proven innocent through DNA evidence

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25
common law 1st meaning (n.)
legal rules that come from court decisions and not from statutes or constitutions.
26
common law (n.) (e.g.)
Most rules in contract law are common law rules.
27
common law (adj.)
having to do with legal systems such as England and Wales, or countries which evolved from that system (for example, Ireland, the United States, Canada, Australia, and New Zealand)
28
common law (adj.) (e.g.)
The United States, the United Kingdom, and most Commonwealth countries have a common law system as contrasted with the civil law systems of other European countries.
29
common law
Within the English legal system, the part of the law developed in common law courts as opposed to other courts such as the courts of equity which emerged in the 15th and 16th centuries to correct certain defects in the common law court system.
30
comman law (e.g.)
Article VII of the U.S. Constitution provides for jury trials in all suits at common law.
31
Complaint (n.)
U.S. in civil cases, a written statement filed by the plaintiff that starts a case. It says what the plaintiff thinks the defendant did and asks the court for help. Also called the "initial pleading" or “petition." A complaint is also used to start a criminal case. — see claim
32
complaint (n.) (e.g.)
The complaint for declaratory judgment" was filed in the U.S. District Court for the Northern District of California on December 9,1988. n.b. You FILE a complaint
33
condemn (v.) FALSE FRIEND OF CONVICT
(to death, to life imprisonment) to say what the punishment of someone who has committed a serious crime will be.
34
condemn (v.) (e.g.)
He was condemned to death, but later received a pardon from the governor.c
35
contract (n.)
a legally enforceable agreement
36
contract (n.) (e.g.)
- I signed a contract to buy a new car, but now I think I might have made a mistake. - Steelworkers at the nation's sole builder of aircraft carriers voted by a margin of more than 2-1 to approve a proposed contract that would increase wages and pension benefits.
37
contract (v.) AGREEMENT
to make a legal agreement with someone to do work or to have work done for you
38
contract (v.) (e.g.)
The company decided to contract a local firm to renovate their office space, ensuring that all the work would be completed by the end of the year.
39
contractual (adj.)
relating to or contained within a contract (= legal agreement):
40
contractual (adj.) (e.g.)
The company has not respected all of its contractual obligations, so it is being sued for breach of contract.
41
convict (v.) someone of something
If someone is convicted of a crime, he is found guilty. (contrast condemn) [opp. acquit]
42
convict (v.) (e.g.)
The jury convicted him of murder (of killing his wife) and sentenced him to life imprisonment.
43
conviction (n.)
the fact of officially being found to be guilty of a particular crime, or the act of officially finding someone guilty:
44
conviction (n.) (e.g.)
Since it was her first conviction for stealing, she was given a less severe sentence.
45
Convict (n.)
a person found guilty of a crime and sent to prison
46
convict (n.) (e.g.)
The escaped convict held the motorists hostage.
47
copyright (n.)
the legal right to control the production and sale of a book, play, film, photograph or piece of music
48
copyright (n.) (e.g.)
The musician threatened to bring an action against Napster for breach of copyright.
49
counsel (n.)
legal advisor, lawyer — see also attorney, barrister, lawyer, solicitor
50
counsel (n.) (e.g)
After being arrested, the defendant requested to speak with their legal counsel before making any statements to the police.
51
court (n.)
A judge or group of judges whose job is to hear cases and carry out justice. — see tribunal
52
court (n.) (e.g.)
Mr. Benham had no legal representation in court because legal aid is not available to anyone accused of failure to pay tax.
53
crime (n.)
Something you do, or don't do, that breaks a law that says you can't do it or must do it. If you are found guilty, you can be punished by one or more of the following: death, jail or prison, fine, being removed from office, being unable to hold any office of honor, trust, or profit
54
crime (n.) (e.g.)
Stealing a car is considered a serious crime, and if found guilty, the perpetrator could face imprisonment or hefty fines.
55
criminal (n.)
Someone who has been convicted of a criminal offense
56
criminal (n.) (e.g.)
The judge sentenced the criminal to ten years in prison for his involvement in the robbery.
57
criminal (adj.)
relating to crime, or to the laws, etc. that deal with crime
58
criminal (adj.) (e.g.)
On 16 September, the court will hear the defense's motion for a new trial and its second motion for acquittal under Rule 29 of U.S. federal rules of criminal procedure.
59
custody (n.) 1
1. when someone is under the physical control of the court to make sure they go to court when they're supposed to
60
custody (n.) 1 (e.g.)
The suspect is in the custody of police.
61
custody (n.) 2
2. when the court imprisons a person after they are found guilty of a crime
62
custody (n.) 2 (e.g.)
After being found guilty of the crime, the defendant was taken into custody by the court bailiff.
63
custody (3) (n.)
3. the care and control of children.
64
custody (3) (n.) (e.g.)
The mother was awarded custody of the children after the divorce.
65
Custody (4) (n.)
4. or by extension, the control of pets
66
Custody (n.) 4 (e.g.)
Three years ago a Virginia woman ...who had gone through a three-year legal battle with her ex-husband over their dog, started a Web site to help others involved in pet-custody disputes.
67
custodial (adj.)
relating to the legal right to care for someone or something, especially a child
68
custodial (adj.) (e.g.)
California law is clear that both parents, custodial and noncustodial, have an equal say in the religious upbringing of their child.

Legal English (10 decks)

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