Test 1 definitions

Question 1

A body of enforceable rules governing relationships among individuals and between individuals and their society.

Answer 1

Law

Question 2

The body of law enacted by legislative bodies as opposed to constitutional law, administrative law, or case law.

Answer 2

Statutory Law

Question 3

Rules, orders, and decisions of administrative agencies.

Answer 3

Administrative law

Question 4

Law that is based on the U.S. Constitution and the constitutions of the various states.

Answer 4

Constitutional Law

Question 5

The doctrines and principles announced in cases which governs all areas not covered by statutory law or administrative law.

Answer 5

Common case law

Question 6

The legal means to enforce a right or redress a wrong.

Answer 6

Remedies

Question 7

What 3 things can courts of law award as compensation.

Answer 7

1. Land
2. Items of Value
3. Money

Question 8

Involves ordering a party to perform an agreement as promised.

Answer 8

Specific performance

Question 9

An order to a party to cease engaging in a specific activity or to undo some wrong or injury.

Answer 9

Injunctions

Question 10

The cancellation of a contractual obligation

Answer 10

Rescissions

Question 11

General propositions or principles of law that have to do with fairness.

Answer 11

Equitable maxims

Question 12

The equitable doctrine that bars a party’s right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.

Answer 12

Laches

Question 13

A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.

Answer 13

Precedent

Question 14

To stand on decided cases

Answer 14

Stare Decisis

Question 15

Any source of law that a court must follow when deciding a case.

Answer 15

Binding Authority

Question 16

The science or philosophy of law.

Answer 16

Jurisprudence

Question 17

When adherents believe a higher or universal law exists that applies to all humanity, and all written laws should imitate these principles.

Answer 17

Natural Law

Question 18

The written law of given society at a particular time.

Answer 18

Positive Law

Question 19

Defines or creates the rights and obligations of persons and governments.

Answer 19

Substantive Law

Question 20

Provides the steps one must follow in order to avail oneself of one’s legal rights or enforce another legal obligation.

Answer 20

Procedural Law

Question 21

Provides the steps one must follow in order to avail oneself of one’s legal rights or enforce another legal obligation

Answer 21

Civil Law

Question 22

Defines an individual’s obligations to society as a whole.

Answer 22

Criminal Law

Question 23

law applied to online transactions.

Answer 23

Cyberlaw

Question 24

The authority of a court to hear and decide a specific action.

Answer 24

Jurisdiction

Question 25

Jurisdiction that exists when two different courts have the power to hear a case.

Answer 25

Concurrent Jurisdiction

Question 26

Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court.

Answer 26

Exclusive Jurisdiction

Question 27

The geographical district in which an action is tried and from which the jury is selected.

Answer 27

Venue

Question 28

The requirements that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Answer 28

Standing to sue

Question 29

When 4 out of 9 supreme court justice have to agree to hear the case on appeal

Answer 29

Rule of four

Question 30

What does the Complaint contain?

Answer 30

1. Statement of Jurisdiction 2. Statement of facts 3. The remedy or prayer for relief

Question 31

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer to plaintiff’s complaint.

Answer 31

Summons

Question 32

A pleading in which a defendant asserts that the plaintiffs claim fails to state a cause of action or that there are other grounds on which a suit should be dismissed.

Answer 32

Motion to Dismiss

Question 33

Asks the court to rule on the case, based on the pleadings.

Answer 33

Motion for Judgement on the Pleadings

Question 34

A motion requesting the court to enter a judgement without proceeding trial.

Answer 34

Motion for Summary Judgement

Question 35

Process by which parties obtain information from the opposing party prior to trial.

Answer 35

Discovery

Question 36

Sworn testimony recorded and transcribed by court official.

Answer 36

Depositions

Question 37

Written questions and answers under oath.

Answer 37

Interrogatories

Question 38

To see, to speak

Answer 38

Voir Dire

Question 39

Rules governing the admissibility of evidence in trial courts.

Answer 39

Rules of Evidence

Question 40

An oral or written statement made out of court that is later offered in court by a witness to prove the truth of the matter asserted in the statement.

Answer 40

Hearsay