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Fundamental Legal Concepts
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Flashcards
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Law derived from decisions of courts and similar tribunals, which decide individual cases but may also have normative effect on future cases.
Case Law
A court's power to act on behalf of international authors and their national laws, typically in the areas of family or probate law.
In Rem Jurisdiction
The decision of an appellate court to send a case back to the lower court for further proceedings.
Remand
An order issued by a court requiring a person to do or to refrain from doing something.
Mandamus
A legal doctrine under which a party is prevented from making assertions that contradict prior representations or conduct.
Estoppel
The fundamental rights and privileges which all individuals are entitled to as citizens in a given jurisdiction.
Civil Rights
Legal documentation for transferring ownership interest in a property from one person to another.
Deed
An order by a court commanding or preventing an action from being carried out by a party to the case.
Injunction
A process by which a defendant in a legal action is brought into court and informed of the charges in the presence of the judge.
Arraignment
The process by which a trial court's decision is reviewed by a higher court.
Appeal
A legal action in which a plaintiff seeks relief from the court, especially the payment of a monetary award.
Civil Action
The power of a court to adjudicate disputes and issue orders.
Jurisdiction
A formal accusation of wrongdoing, often used to indicate the document outlining charges in a criminal action.
Indictment
Defamation in written or printed form.
Libel
A court's authority to hear and decide a case to the exclusion of other courts.
Exclusive Jurisdiction
Body of law that is based on custom and judicial precedent rather than statutes.
Common Law
A conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.
Negligence
A type of court that has jurisdiction over disputes concerning wills, estates, conservatorships, and guardianships.
Probate Court
Written questionnaires that parties may send to each other before trial to uncover essential facts of a case.
Interrogatories
A legal document that must be filled out and filed by the plaintiff to begin a legal action.
Complaint
This rule allows a lawyer to reveal information relating to the representation of a client to the extent the lawyer believes necessary.
Model Rule 1.6(b) of the American Bar Association
The judicial policy of following precedents set by past decisions.
Stare Decisis
Rules established by courts of law for resolving disputes involving maritime conduct, torts, contracts, and liens, and the rights and duties of maritime parties.
Maritime Law
A principle where justice is administered according to fairness as contrasted with hard and fast rules of law.
Equity
The legal right protecting authors and creators from unauthorized use of their original work.
Copyright
A principle of contract law that marks the specific moment when promises within a contract become enforceable.
Mutuality of Obligation
A decision by a judge or a court that finalizes a legal dispute and determines the rights and obligations of the parties.
Judgment
The introductory part of a statute or deed, stating its purpose, aims, and justification.
Preamble
The principle that the government must respect all legal rights that are owed to a person according to the law.
Due Process
A set of rules and ethics that govern legal professionals in their practice of law.
Legal Ethics
An objection raised by a party to litigation questioning the legal relevance or admissibility of evidence, a line of questioning, or a procedure.
Objection
The requirement for an individual to have a sustained involvement in a case for a court to take jurisdiction.
Standing
An impartial third party who provides an informal and non-binding adjudication in a dispute.
Mediator
A formal legal document submitted by the parties to a case, detailing their arguments, claims, and facts.
Brief
The process of terminating a marriage by legal means.
Divorce
Written laws enacted by legislatures in the form of statutes.
Statutory Law
An order by a higher court directing a lower court to send the record in a given case for review.
Writ of Certiorari
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