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Legal Terms Glossary
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Jurisprudence
The study of the theory and philosophy of law.
Common Law
A legal system characterized by case law, which is law developed by judges through decisions of courts and similar tribunals.
Civil Law
A legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges.
Legal Positivism
A philosophy of law that emphasizes the conventional nature of law—that it is socially constructed; according to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator.
Natural Law
The legal theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere.
Legal Realism
A theory of law that advocates a less abstract and more realistic and pragmatic approach to the law, an approach that predicts outcomes based on the actions of public officials.
Stare Decisis
The legal principle of determining points in litigation according to precedent.
Habeas Corpus
A legal action or writ by means of which detainees can seek relief from unlawful imprisonment.
Injunction
An authoritative warning or order that forbids a party from performing a certain action.
Tort
A wrongful act or infringement of a right (other than under contract) leading to civil legal liability.
Precedent
A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Equity
A branch of law that is developed alongside common law in order to remedy some of its defects in fairness and justice, which occurred when the strict procedural requirements of common law would prevent a just outcome.
Due Process
The legal requirement that the state must respect all the legal rights that are owed to a person and balances the power of law of the land and protects the individual person from it.
Legislation
Laws, considered collectively, that have been promulgated by a government body.
Jurisdiction
The official power to make legal decisions and judgments, often in a specific area or on a specific issue.
Sovereignty
The full right and power of a governing body to govern itself without any interference from outside sources or bodies.
Legal Capacity
The ability of any legal entity to amend (enter into, transfer, etc.) legal rights and obligations.
Damages
Monetary compensation that is ordered by courts to be paid to a person who has suffered loss or injury.
Indictment
A formal charge or accusation of a serious crime.
Litigation
The process of taking legal action; the process of suing someone, or trying someone for a crime.
Mediation
A form of alternative dispute resolution in which a neutral third party assists the disputing parties to reach a mutually satisfactory and agreed upon decision.
Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
Plaintiff
A person who brings a case against another in a court of law.
Defendant
An individual, company, or institution sued or accused in a court of law.
Testimony
A formal written or spoken statement, especially one given in a court of law.
Subpoena
A writ ordering a person to attend a court.
Appellate
Having the power to review the judgment of another tribunal or court.
Statute of Limitations
A law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim.
Legal Duty
An obligation established by law, contract, or as a result of a wrongful act, to act or refrain from acting in a certain way.
Burden of Proof
The obligation to prove one's assertion in a court of law; in criminal cases, the burden is on the prosecutor, whereas in civil cases, the burden is typically on the plaintiff.
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