HCM 388

  1. Plaintiff
    a person who brings an action in a court of law
  2. Defendant
    a person who brings an action in a court of law
  3. Action of Law
    • -Suit for money damages
    • -a judicial proceeding brought by one party against another; one party prosecutes another for a wrong done or for protection of a right or for prevention of a wrong
  4. Burden of Proof
    A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact
  5. Criminal law
    Law that deals with crimes and their punishments
  6. Civil law
    the body of laws established by a state or nation for its own regulation
  7. Public law
    The branch of law that deals with the state or government and its relationships with individuals or other governments
  8. Private Law
    The branch of law that deals with the legal rights and relationships of private individuals
  9. Common Law Aka- Judge-made law
    Legal decisions by appellate courts that are binding on all future generations unless overruled by a later appellate court, but which are directly contradictory to specific statutes or earlier case authority. This happens rather often in real estate law, much of which arose out of peculiarities of life in the Middle Ages and before. When faced with a situation that would result in a seemingly unfair conclusion under applicable principles of law,the judges sometimes simply change the law.
  10. Stare Decisis
    (to abide by decided case) requires that courts look to past disputes involving similar facts and principles and to determine the outcome of the current case on the basis of the earlier decisions.
  11. Verdict
    The decision of a jury
  12. Jurisdiction
    authority over a certain area or certain persons
  13. Writ of Certiorari
    A writ that a superior appellate court issues in its discretion to an inferior court, ordering it to produce a certified record of a particular case it has tried, in order to determine whether any irregularities or errors occurred that justify review of the case
  14. Substantive Law
    refers to the body of rules that determine the rights and obligations of individuals and collective bodies.
  15. Procedural Law
    is the body of legal rules that govern the process for determining the rights of parties
  16. Voire Dire
    A preliminary examination of prospective jurors or witnesses under oath to determine their competence or suitability.
  17. Grand jury
    A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment
  18. Trial Jury
    a jury of 12 persons empanelled to determine the facts of a case and decide the issue pursuant to the direction of the court on points of law
  19. Tort
    a "civil" wrong (as compared to a criminal wrong)
  20. Tort Law
    generally covers any civil action between private parties arising from wrongful acts which amount to a breach of general obligations imposed by law and not by contract
  21. Tortfeasors
    are people who commit a tort -they are liable "jointly and severally" -- meaning a plaintiff can pick and choose which to collect from after a judgment is rendered (although plaintiff cannot recover an amount greater than the judgment)
  22. Res Ipsa Loquiter
    (The thing speaks for itself). A legal doctrine under which a plaintiff's burden to prove negligence is minimal as the details of the incident are clear and understandable to a jury–e.g, foreign objects left behind during surgery, eg towels
  23. Good Samaritan Law
    a law that provides protection against claims of malpractice for medical practitioners who render emergency care at the scene of an accident except when gross negligence or willful misconduct can be proved. Most states in the USA have passed such laws; all the laws cover doctors, and about half the laws cover nurses. It would be beneficial if similar laws were enacted to protect veterinarians and their patients.
  24. Respondeat Superior
    (let the master answer for the servant) the concept that an employer may be held liable for torts committed by employees acting within the scope of their employment.
  25. Slander
    is a spoken untruth
  26. Libel
    a written untruth
  27. 1066
    law in England before the Norman Conquest in 1066 was dispensed primarily by traditional and local customs and mostly death with violent crimes
  28. battery
    impermissible touching
  29. Federal Judges
    appointed for life
Card Set
HCM 388
Review 1