derp Flashcards
bleh (24 cards)
cause of action
a claim based on law and facts that is sufficient to support a lawsuit
stare decisis
doctrine stating that once a court has ruled a certain way on a matter, other courts in the same jurisdiction must rule the same way given similar facts unless pursuaded otherwise
precedent
one or more prior court decisions
pleadings
the papers that begin a lawsuit (usually complaint + answer)
case brief
summary of specific court decisions
law office memorandum
unbiased analysis of a client’s case for within a law firm
appellate brief
document written to persuade a court of a client’s case’s merit
lawyer / attorney
a person who has been officially licensed to practice law in a state or jurisdiction
paralegal
- person who is qualified by training, education, or experience
- to be employed or retained by a legal entity
- who performs specific delegated substantive legal work
- for which a lawyer is responsible
law
rules of conduct decreed and enforced by the government that define which conduct is either required or prohibited
natural law
rules of conduct based on the study of nature and humanity’s sense of right & wrong
constitutional law
principles and rules that are explicitly stated in, or inferred from, government constitutions
statute
a law enacted by a state legislature or by congress
code
a compilation of statutes organized by subject rather than date of enactment
ordinance
law enacted by local government
power of judicial review
power of a court to review, interpret, and potentially invalidate a constitutional law. i.e. power of judiciary branch to regulate the executive and legislative
federalism
division of power between state and national governments
administrative law
rules and regulations created by specialized government agencies aka the fourth branch of the government
common law
a body of law that has evolved from judicial decisions in cases (precedent) rather than written law
derogation of common law
legislation that changes common law
codification of common law
enactment of laws covering an issue previously governed by common law
equity court
a court that uses its power to do justice when the law would otherwise limit their decisions to monetary awards. examples: injunction, specific performance,
injunction
a type of equitable remedy that requires a party to perform or cease doing a specific act
specific performance
a type of equitable remedy that requires a party to fulfill their contractual obligations
