Unit 1 Vocab

Question 1

Business Law

Answer 1

rules of conduct for the performance of business transactions

Question 2

Civil Law

Answer 2

the body of law concerned with private or personal rights

Question 3

Criminal Law

Answer 3

law dealing with crimes and the punishment of wrongdoers

Question 4

Common Law

Answer 4

the body of law derived from judicial decisions rather than from statutes or constitutions

Question 5

Complaint (petition)

Answer 5

the document which initiates a civil lawsuit

Question 6

Defendant

Answer 6

the person against whom legal action is brought

Question 6

Crime

Answer 6

an offense which is injurious to society as a whole

Question 7

Discovery

Answer 7

the formal and informal exchange of information between sides in a lawsuit

Question 8

Execution

Answer 8

the carrying out or completion of some task

Question 9

Appellate courts

Answer 9

courts hearing cases appealed from a lower court

Question 9

Answer

Answer 9

official document responding to plaintiff’s complaint

Question 10

Appeal

Answer 10

request to a higher court to review a lower court’s decision

Question 11

Felony

Answer 11

a serious criminal offense that is punishable by imprisonment for more that one year or death

Question 12

Injunction

Answer 12

a judicial order or decree forbidding certain conduct

Question 13

Judgement

Answer 13

a decision of the court

Question 14

Law

Answer 14

governmental rule prescribing conduct and carrying a penalty for violation

Question 15

Misdemeanor

Answer 15

a less serious crime punishable by fine and/or imprisonment of less than one year

Question 16

Ordinance

Answer 16

law enacted by a local unit of government

Question 17

Plaintiff

Answer 17

the party who initiates a civil action

Question 18

Statutes

Answer 18

law which are enacted by legislative bodies

Question 19

Stare Decisis

Answer 19

the principle that the decision of a higher court should serve as a guide or precedent and control the decision of a similar case in the future

Question 20

Summons

Answer 20

a notice given to a defendant, attaching the complaint, and stating a time frame in which to respond

Question 21

Tort

Answer 21

a private or civil wrong against a person or their property, other than by breach of contract, for which there may be action for damages

Question 22

Trial Court

Answer 22

the court which conducts the original trial of a case

Question 23

Law

Answer 23

those rules of conduct commanding what is right and prohibiting what is wrong

Question 24

Common law

Answer 24

a historical foundation of United States jurisprudence

Question 25

Criminal Law

Answer 25

Crime ◦ Classification of crimes  Felony  Misdemeanor Civil Law Tort law  Negligence  Strict liability

Question 26

Sources of United States Law

Answer 26

Constitutional ◦ Federal ◦ State  Legislative (Statutory law) ◦ Federal statutes ◦ State statutes ◦ Municipal ordinances Administrative (rules, regulations, orders, and decisions) ◦ Federal ◦ State  Case Law ◦ Federal ◦ State ◦ Stare decisis—stand by the decision

Question 27

The Judicial Process

Answer 27

Jurisdiction  Federal Court system District courts (court of original jurisdiction) Circuit courts of appeal 12 judicial circuits Court of Appeals for Federal Circuit United States Supreme Court Special Federal courts--(i.e., U.S. Bankruptcy Court, U.S. Court of Federal Claims) State Court ◦ Inferior Courts ◦ Courts of original general jurisdiction ◦ Appellate Courts (including State Supreme Courts) ◦ State courts of specific jurisdiction i.e., Probate courts, Domestic Relations courts

Question 28

Functions of the court

Answer 28

- Trial Court - Appellate court

Question 29

Judicial Terminology

Answer 29

- Plaintiff vs. Defendant - Government (Federal, State, Municipality) vs. Individual Civil court procedures ◦ Complaint ◦ Summons ◦ Answer ◦ Discovery ◦ Trial ◦ Judgment ◦ Execution