CH.1 Flashcards
(14 cards)
Right
being able to perform an act requiring the aid of the law
Duty
Law requires someone to do or not do something
Substantive Law
Governs how others should behave towards others under the law
Procedural Law
Contains the rules of the courts
Public Law
Governs the relation between legal persons and a government.
Ex. between institutions, or different branches of government
Private Law
Laws governing the relationship between individuals and legal entities
Ex. corporations
Civil Law
Governs the relation between people and sometimes the government
Plaintiff
Injured party
Defendant
Accused party
Civil Law (common Law)
Represented by lawyers, all non-criminal law, usually resolving disputes between private citizens
Ex. contracts, family, property
Criminal Law
Anything that the government has decided is illegal
Ex. homicide, burglary, kidnapping
Burdens of proof
Proving to the jury that your statements are correct
Precedent
Relying on a rule established in a previous case to guide a new happening case
Courts that create it: supreme and appellate
Stare Decisis
Letting the decision stand
“If a higher court has covered the issue, then it is required to follow that rule.”