Exam 1 Vocab

Question 1

appeal

Answer 1

asking a higher court to review the decision or sentence because lower court made an error

Question 2

brief

Answer 2

written document prepared by lawyer/party on each side of a dispute and filed with the court in support of their arguments

Question 3

contract

Answer 3

a legally enforceable agreement between two or more persons or parties

Question 4

criminal court

Answer 4

trials where the state believes a person committed a crime

Question 5

civil court

Answer 5

deals with disputes between individuals where compensation is awarded

Question 6

common law

Answer 6

Laws that develop through case decisions by judges, not enacted by legislative bodies

Question 7

injunction

Answer 7

a court order to stop doing or to start doing a specific act

Question 8

lien

Answer 8

a charge, hold, or claim upon property of another as security for a debt

Question 9

liable

Answer 9

having legal responsibility for something or someone

Question 10

negligence

Answer 10

failure to take proper care in doing somethin

Question 11

plaintiff

Answer 11

the person who sues or starts a civil case

Question 12

statute of limitations

Answer 12

a certain time allowed by law for starting a case

Question 13

right

Answer 13

moral or legal entitlement to have or obtain something or to act in a certain way

Question 14

real property

Answer 14

land and all things growing or built on the land

Question 15

personal property

Answer 15

things people own, not including land

Question 16

walfare

Answer 16

state of content or prosperous existence

Question 17

guardian

Answer 17

person who looks after and is legally responsible for someone who is unable to manage their own affairs

Question 18

ward

Answer 18

a person, who by reason of incapacity, is under the control of a guardian

Question 19

owner of property

Answer 19

has the legal right to “enjoy” the property and do with it as they please, even to spoil or destroy it as far as the law permits

Question 20

felony

Answer 20

a serious crime that can be punished by more than one year in prison

Question 21

misdemeanor

Answer 21

lesser crime punishable by a fine and/or county jail time for up to one year

Question 22

standard of proof

Answer 22

amount of evidence necessary to prove an assertion or claim in a trial

Question 23

preponderance of evidence

Answer 23

to prove that something is more likely than not

Question 24

beyond a reasonable doubt

Answer 24

standard in criminal case; prosecution must convince that there is no other reasonable explanation that can come from the evidence presented at trial

Question 25

alternate dispute resolution

Answer 25

methods to resolve a dispute instead of litigation

Question 26

summons

Answer 26

informs the defendant that they are being sued

Question 27

subpoena

Answer 27

an order to compel an individual to give testimony on a particular subject, often before a court

Question 28

arbitration

Answer 28

private process where disputing parties agree that one or several individuals can make a decision about the dispute

Question 29

mediation

Answer 29

process wherein the parties meet with a mutually selected, impartial and neutral person who assists them in the negotiation of their differences

Question 30

due process

Answer 30

all legal procedures set by statute and court practice including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result

Question 31

Reasonable Person Standard

Answer 31

what the defendant knew or SHOULD HAVE known that their action or failure to act would or could cause harm - changes based on personal knowledge and expertise

Question 32

liability

Answer 32

the state of being responsible for something

Question 33

loss of consortium

Answer 33

personal injury claim made by family members; loss of normal activities

Question 34

compensatory damages

Answer 34

to compensate for any harm or wrongdoing

Question 35

punitive damages

Answer 35

damages exceeding simple compensation and are awarded to punish the defendant

Question 36

restitution

Answer 36

the payment or compensation to make up for loss, damage, or injury

Question 37

doctrine of respondeat superior

Answer 37

anybody who works for you is your responsibility

Question 38

assumption of risk

Answer 38

a person waives their rights to sue when they voluntarily take part in a known dangerous activity o 3 conditions apply:  Person must know of dangerous condition  Person appreciated the nature and extent of danger  Voluntarily exposed themselves despite knowing of the danger

Question 39

negligence

Answer 39

failure to take proper care in doing something

Question 40

duty

Answer 40

obligation created by law or contract

Question 41

breach of duty

Answer 41

when duty exists, but was not followed

Question 42

harm

Answer 42

loss or damage to a person's right, property, or physical/mental well-being

Question 43

ordinary negligence

Answer 43

failure to use reasonable care

Question 44

gross negligence

Answer 44

willful, wanton, or reckless negligence

Question 45

contributory negligence

Answer 45

a case where there was negligence by both parties

Question 46

contract

Answer 46

agreement between two parties that creates a legal obligation to perform a particular duty

Question 47

breach of contract

Answer 47

failure of one or more terms of the contract

Question 48

offer and acceptance

Answer 48

both must take place for a contract to be enacted