BULE 1

body of enforcable rules govern the relationshop among individuals and between their society

the science or philosophy of the law

the belief that the law should reflect the moral and ethical principals of human nature. one of the oldest and most significant law schools of legal though

a body of conventional, written law that is part of a particular society at a point in time

school of thought that there is no law higher than that of the federal government and that all laws must be followed to prevent anarchy.

a document that establishes a law on a particular issue, like the constitution, court decision, or administrative rule

a publication that summarizes or interprts a law, like a law revie, or legal encyclopedia

law derived from the constitution and various states

body of law enacted by legislative bodies

reference to a publication in which legal authority (such as a statute or court decision) can be found

a regulation by a city or county to govern matters not covered by state or federal laws

model law created by the NCC that states consider adopting. They have the option of accepting or rejecting all or part of the uniform law. if accepted the law becomes a statuatory law

law created by administrative agencies (rules, regulations, orders, decisions) that help them carry out their decisions.

a federal or state government agency established to perform a specific function

an administrative agency within the executive branch of the government (at federal level they are in the cabinets)

an administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the President (independent agency officials cannot be removed without cause)

statute enacted by Congress to establish agencies and specify functions

to render a judicial decision in administrative law

procedure used by administrative agencies in the administration of a law

major function of agencies, creating or modifying rules and notifying the public of a proposed rule change

presides over administration agency hearings and has total power and control

rules of law announced in court decisions

law developed from English and US court decisions

court decision that furnishes an exapmple or authority for deciding subsequent cases involving identical or similar facts

common law doctrine which judges are obligated to follow the precedents established in prior decisions. makes the law more stable and predictable

any source of law that a court must follow when deciding a case. bindin authorites include constitutions, statues, and regulations that govern the issue being decided, as well as court decisions that are controlling precendents within the jurisdiction

any legal authority or source of law that a court may look to for guidance, but does not have to use it to make its decision (cases from other jurisdictions and secondary sources of law)

relief given to innocent party to enforce a right or sompensate for the violation of a right

one who initiates the lawsuit

one whome the lawsuit is brought against. the accused person in a criminal proceeding.

federal or state statute that sets the maximum amount of time for a lawsuit to be brought

law that defines and creates legal rights and obligations

law that established the methods of enforcing the rights established by substantive law

an informal term used to refer to all laws governing electronic communication and transactions

branch of law dealing with the definition and enforcement of all pricate or public rights, as opposed to criminal matters

legal law system based on a written code of laws. derived from the roman empire and based on a code rather than case laws

law that defines and governs actions that consistute crimes. wrongful actions commited against society for which society demands redress.

law that pertains to a particular nation (in opposition to international law)

law that governs regulations amongst the nations

the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch

the authority of a court to hear and decide a specific case

state statute that permits a state to obtain personal jurisdiction over nonresident defendants. defendent must have certain "minimal contacts" with that state for the statute to apply

STATE court of limited jurisdiction that setles matter relating to a deceased person's estate

FEDERAL court of limited jurisdiction that handles only bankrupcy proceedings

provides basis for federal jurisdiction, questions pertaining to constitution, congress or treaties

under constitution, basis for federal court jurisdiction based on 1.) citizens of different states 2.) foreign countries and citizens of state or different states 3.) citizens of state and citizens or subjects of a foreign country. Amount must be more than $75000 for a federal court to take jurisdiction.

two differnt courts have the power to hear a case. some cases can be heard in federal and state court

case can be only heard in a particular court or type of court

list of cases to be heard by a court

geographical district in which a legal action is tried and jury is selected

individual must have sufficient stake in controversy in order to bring a lawsuit

real and substantial controversy. must be proven to have a case seen in a court

special court to legislate small claims ($5000 or less). attorneys not required

a lawsuit that involves only disputed facts. decided by jury in a jury trial

a lawsuit involving only the interpretation of the law. only a judge, not a jury, can rule on questions of law

writ from higher court asking a lower court for record of a case for review

says that the US Supreme Court will not issue a writ pf certiorari unless 4 judges aggree to write the writ.

process of resolving a dispute through the court system

statements (including complaint and answer) that outline the facts and details of the case made by the plantiff and the defendant

document informing the defendant of the lawsuit and notifying them that they must appear in court

judgement entered by a court against a defendant that has failed to appear in court

a defendant's response to the plantiffs complaint

claim made by the defendant in a civil lawsuit against the plantiff (defendant suing the plantiff)

plantiff's response to the defendants answer

defendant asserst that the plantiff's claim has no merit or basis in law and requests dismissal of the case

motion filed by either party for the court to decided the case based solely on the pleedings without going to trial

motion requesting the court to enter a judgement without going to trial. based off outside evidence from pleadings and will only be granted with indisputable evidence.

litigation phase where parties obtain info from each other and from third parties prior to trail

testimony of a party to a lawsuit or a witness taken under oath before a trial

series of written questions for which written answers are prepared by a party to a lawsuit. usually with help from attorney signed under oath

computer generated info, electronically recorded info (voicemails, emails, word docs, etc.)

french meaning "to speak the truth." attorneys question prospective jurors using this

amount of monetary compensation awarded to plantiff as damages

motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the grounds that the other party has not produced sufficient evidence to support his or her claim

motion for court to grant judgement in favor of the party making the motion of the ground that the jury's verdict against him or her was unreasonable and erroneous

motion asserting that the trial was so fundamentally flawed that a new trial is necessary to precent a miscarriage of justice

formal legal document that coutlines the facts and issues of the case, the judges rulings or findings, and arguments on the clients behalf

ways of resolving disputes other than traditional judicial proceedings (negotiations, mediation, arbitrations)

informal way parties attempt to settle disputes with or without attorneys to represent them

method of settling disputes outside of court by using services of a neutral third party, who acts as a messanger between parties and assists them in negotiating a settlement

settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision that is (most often) legally binding

contract clause that provies, that in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court

method of settling disputes, used in many federal courts, in which a trial is held but the jury's decision is not binding. verdict as a guide

resolutions of disputes within the assistance of organizations over the internet

system of government where states form a union and the sovereign power is divided between the central governmetn and the member states

powers of the national government are divided among three separate branches--the executive, legislative, and judicial branches--each of which exercises a check on the actions of the others.

the provision of article 1 section 8 of the US Constitution that gives congress the power to regulate interstate commerce

powers of the states as part of their inherent sovereignty. these powers may be excesiced to protect or promote the public order, health, safety, morals, and general welfare

article 7 of the constitution that provides the laws of constitution are the supreme law of the land

doctrine under which certain federal laws take precedence over conflicting state or local laws

first ten amendments to the US Constitution. athought most of these rights apply to actions of the states, some of them apply only to actions of the federal government. First amendment guarantees freedom of speech but only applies to government restrictions on speech

nonverbal expression and beliefs. Given substational protection by the courts

computer program designed to block access to certain websites based on content

key word in document than can serve as index reference to the document. on the web search engines return results based, in part, on the tags in web documents

provision in the 1st amendment to the constitution that prohibits givernment from establishing state-sponsored religion or favorting one religion

provision in the 1st amendment to the constitution that prohibits government from interfering with people's religious practices or forms of worship

order granted by public authority such as a judge that authorizes law enforcement personnel to search particular premises or property

provision in the 5th and 14th amendments to the constitution that guarantee no person to be deprived of life, liberty or property without due process of law. similar clauses in most state constitutions

provision to the 14th amendment that guarantees no state with "deny any person equal protection of the laws. Law mandates that state must treat individuals in similar situations under a similar manner

statutes enacted by congress that allow administrative agencies to be established and specify the name, composition, and powers of the agency being created

an administrative agency rule that carries the same weight as a congressionally enacted statute

doctrine based on article 1 section 8 that has been construed to allow congress to delegate some of its power to make and implement laws to administrative agencies

organizational structure consisting of government bureaus and agencies through which the government implements and enforces the law

actions undertaken by administrative agencies when adoptin new regulations that amend old ones. under the administrative procedure act, rulemaking includes notifying the pulic of proposed rules or changes and recieving and considering the public's comments

procedure in agency rulemaking that requires 1) notice 2) opportunity for comment and 3) a published draft for the final rule

act of rendering a judicial decision. resolution of dispute resolved through a hiarchy by the agency

in the context of administrative law, an agency's disposition in a matter other than rulemaking. An administrative law judge's initial order becomes final unless it is appealed

final decision of an administrative agency on an issue. if no appeal is take or no review by agency, the Administrative Law Judge's initial order becomes the final order of the agency