Chapter 1-Vocab Flashcards
(26 cards)
Common law
Judge made law
Precedent
Obligation to decide current cases based on previous rulings
Statute
A law passed by a legislative body
Court of chancery
Court with no jury
Equity
A court power to fashion a remedy, such as an injunction which the common law does not provide
Federalism
System of government means that law comes from national government in Washington D.C. and from 50 states government
Stare decisis
Let the decision stand
Injunction
A court order that someone stop doing something
Executive orders
Orders coming from congress
Criminal law
Concerns behavior so threatening that society outlaws it altogether/prohibits or requires certain behavior
Civil law
Regulates the right and duties between parties
Substantive law
Defines the right of people
Procedural law
Establishes the process for settling disputes
Jurisprudence
Philosophy of law
Legal positivism
Whatever the sovereign declares to be the law IS the law no matter right or wrong
Sovereign
Recognized political power which citizens obey
Natural law
An unjust law is no law at all and need not to be obeyed. Laws must have a moral basis
Legal realism
Doesn’t matter what written law is what counts is who enforces that law by what process
Plaintiff
Person who is suing
Defendant
Person being sued
Facts
Provide background information to lawsuits
Court decision (aka courts holding)
Answer to issue posed
Reverses
Appellant court declared the trial judge ruling wrong/void
Remanded
Appellant court orders a re-trial
