Nature of Law
Legislative acts declaring, commanding, or prohibiting something
What is statutory law?
the law that defines rights and liabilities
What is substantive law?
a tribunal established by government to hear and decide matters properly brought to it
What is court?
party who initiates a lawsuit
What is plantiff?
The legal capacity to require another person to perform or refrain from performing an act
What is right?
the rules and regulations parties agree to as part of their contractual relationships
What is private law?
the law that must be followed in enforcing rights and liabilities
What is procedural law?
the power of a court to hear and determine a given class of cases; the power to act over a particular defendant
What is jurisdiction?
party charged with a violation of civil or criminal law in a proceeding
What is defendant?
An obligation of law impose on a person to perform or refrain from performing a certain act
What is duty?
law that includes principles that are expressed for the first time in court decisions
What is case law?
the laws that define wrongs against society
What is criminal law?
courts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers allowed; the parties represent themselves
What is small claims court?
the preliminary examination of a juror or a witness to ascertain fitness to act as such
What is voir dire?
a decision of a court that stands as the law for a particular problem in the future
What is precedent?
the body of unwritten principles originally based upon the usage and customs of the community that we recognized and enforced by the courts
What is common law?
What is civil law?
judicial authority to hear a particular type of case
What is subject matter jurisdiction?
a court's declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct
What is a mistrial?
A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed
What is the consititution?
"let the decision stand"
the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England
What is equity?
the authority to hear a controversy when it is first brought to court
What is original jurisdiction?
the settlement of disputed questions, whether of the law or fact, by one or more arbitrators by whose decision the parties agree to be bound
What is arbitration?