Fundamental Concepts
A collection of rules and regulations that governs the affairs of a community and enforced by a legal authority.
LAW
Written laws adopted by legislatures at all levels of government.
Statutory Laws (aka Statutes)
What option is available if a party to the lawsuit does not feel the law was properly interpreted or applied in the District Court
Appeal
The legal process is formally commenced when the plaintiff(s) have identified the appropriate jurisdiction in which to file the lawsuit and have filed a
complaint
A document that sets forth the basic principles of government, including limits on government power.
Constitution
“rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal.
Regulations
A court’s ability to hear a case and provide remedy.
Jurisdiction
◦the legal right to file a lawsuit
Standing
party filing the lawsuit
Plaintiff(s)
Branch of government that is responsible for enacting and amending statutory laws.
Legislative Brance
The collective body of case law which establishes precedent for future cases.
Common Law
Have exclusive subject matter jurisdiction over lawsuits between states, federal criminal cases, bankruptcy cases, patent, trademark and copyright cases, antitrust cases, maritime cases, and cases arising out of federal statutes.
Federal courts
“an order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision.”
Certiorari
◦party against whom the claim is filed
Defendant(s)
Branch that enforces existing laws through elected officials or administrative agencies. This branch also provides further explanation of statutes to be applied to real-life scenarios
Executive Branch
Exists when a prior reported opinion of an appeals court establishes the legal rule for future cases involving the same legal question.
Precedent
9 Justices appointed by President for life. Decisions are binding on all other courts. Highest tier in federal court system.
Supreme Court
The maximum amount of time a potential plaintiff can wait before filing a legal claim
Statute of limitations
A formal pleading to the court that must state both the factual and legal basis for the claim. Filed by plaintiff.
Complaint
This branch interprets constitutions or other existing laws through the federal and state court systems.
Judicial Branch
Exists within a specific court system and must be followed by all courts within that system at the same or lower level.
Binding precedent
The vast majority of recreation and sport lawsuits are filed in which court?
State or federal courts.
Monetary compensation rewarded as a remedy for defendant liability
Damages
Issued to defendant once complaint is filed. Gives the name and file number of the lawsuit and instructs the defendant to file an answer or other response.
Summons