Unit 1 vocabulary to study
1. Supreme law of land – the constitution
2. Jurisdiction – who the court can hear cases from
3. Federal court order– US district Court, circuit court of appeals, US Supreme Court
4. State Court order – District/municipal court, criminal/civil appellate courts, Alabama Supreme Court
5. Writ of certiorari – when a lawsuit is appealed to a higher court (appellate court)
6. Federal Court Jurisdiction – a case is only heard in federal courts when: rights/obligations of party are defined by federal law, there is diversity between people (diff. states or foreign country and US citizen), or the amount in controversy exceeds $75,000
7. Default judgement – when the defendant doesn’t respond to a court summons and the plaintiff automatically wins
8. In rim jurisdiction – jurisdiction and power of court to decide issues related to property within geographical borders
9. In persona jurisdiction – power of the court over the parties 10. Deposition v interrogatory – both designed to discover the truth between parties before the trial, major difference: deposition has to be in person and under oath
11. Direct examination - the questioning of a witness by the party that has called that witness to give evidence
12. Venue – where the trial takes place, usually where the injury occurred
13. Negation - Informal discussion by parties, with or without attorneys, with the goal of coming to a “meeting of minds” in resolution We also discuss several other topics like What is a total surplus?
14. Arbitration – involves a neutral 3rd party to reach an agreement that is legally binding
15. Mediation – Involves a neutral 3rd party (mediator) that is usually an expert in the field, few rules, cheaper, decision is not legally binding
16. What powers do states have? States have powers not specifically granted to the federal government
17. Checks and balances – legislative branch (congress) creates laws, executive branch (president/cabinet) enforces laws, judicial branch (courts) interprets laws If you want to learn more check out Why protein is important?
18. Preemption doctrine – when national and state gov’t have concurrent powers the federal law is the law of the land
19. Taxes – congress has the power to “lay and collect taxes, duties, imposts, and excises” (uniform among states)
20. 10 amendments – called the bill of rights, limited the power of the federal government
21. free speech – first amendment right to free speech including corporate political speech, commercial speech like advertising, exception: cannot be threatening speech Don't forget about the age old question of What is the punctuated equilibrium model of evolution?
22. establishment clause – prevents congress to establish a national religion or favor one religion to another
23. free exercise clause – guarantees a person’s right to freely exercise his/her religion
24. privacy – right not specifically expressed in constitution but established in Freedom of Information Act of 1966 and Privacy Act of 1974
25. felony v misdemeanor – misdemeanors are less serious punishable by up to a year in prison or fines, felonies are more serious and punishable by more than a year in prison or even death
26. receipt of stolen goods – type of property crime only if you knew before you bought them that they were stolen
27.embezzled – a white collar crime which involves theft or misappropriation of funds placed in one's trust or belonging to employer If you want to learn more check out What are the different types of rehabilitation?
28. duress – you can plea duress if wrongful threat induces another to commit crime
29. judgment proof – when you owe someone money but they cannot repay you due to lack of income, property, etc. that the creditor can take from you
30. Miranda rights – right to remain silent, attorney will be appointed for you, exception: “public safety” and unequivocal demand for counsel (demand for attorney)
31. Probable clause – requires law enforcement to have “probable cause” in order to receive a search warrant
32. Search Warrants – must be specific, must have probable cause, must have search warrant to search through personal belongings 33. Bribery – to persuade someone to act in one's favor, typically illegally or dishonestly, by a gift of money or other inducement 34. Contributory negligence – If plaintiff in any way caused his injury, he was barred from recovery (not very common)
35. Comparative negligence – later replaces contributory negligence, this allows plaintiff to receive some money even if they have some fault in injury Don't forget about the age old question of Is a salary better than a wage?
36. Assault – intentional, unexcused act that creates harmful/offensive contact
37. battery – completion of assault, compensated for harm (physical/emotional)
38. Libel - a published false statement that is damaging to a person's reputation
39. Slander - making a false spoken statement damaging to a person's reputation
40. Duty of care – to protect plaintiff from foreseeable risks defendant should have known about (homeowner to guest or landlord to tenants)
41. Defamation – the act of damaging someone’s reputation by slander or libel
42. Professional malpractice – when a professional breaches his duty of care to his/her client Don't forget about the age old question of What can reproduce through mitosis meiosis and gamete fusion?
43. Good Samaritan clause – protects someone who renders aid to an injured person from being sued for negligence (ex: trying to give CPR to injured stranger)
44. Assumption of risk – plaintiff has knowledge of risk and voluntarily engages in act (ex: a signed lease)
45. Negligence per se – when a defendant violates a statute designed specifically to protect the type of injury plaintiff suffered (ex: amusement rides, failure to maintain ride)