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Chapter 3 and 4 Legal Studies Vocabulary

by: Ford

Chapter 3 and 4 Legal Studies Vocabulary LEGL2800H

Marketplace > University of Georgia > Law and Legal Studies > LEGL2800H > Chapter 3 and 4 Legal Studies Vocabulary
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Legal Studies
Dr. Pagnattaro

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About this Document

These notes cover the important vocabulary in chapters 3 and 4 of Legal Studies.
Legal Studies
Dr. Pagnattaro
Class Notes
Legal Studies




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This 4 page Class Notes was uploaded by Ford on Monday January 25, 2016. The Class Notes belongs to LEGL2800H at University of Georgia taught by Dr. Pagnattaro in Winter 2016. Since its upload, it has received 40 views. For similar materials see Legal Studies in Law and Legal Studies at University of Georgia.

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Date Created: 01/25/16
CHAPTER 3 Petit jury trial jury that returns a verdict in both civil and criminal cases they are a fact finding body Trial court the level of any court system that initially resolves the dispute of litigants Frequently but not always a jury serves as a factfinding body while the judge issues rulings on the applicable law Appellate court a court that decides whether a trial judge has made a mistake Subject matter jurisdiction the authority of a court to hear cases involving specific issues of law Appeal the right of the litigation parties to have the legal decisions of the trial judge reviewed by an appellate court Courts of appeal a court that reviews decisions by lower courts Supreme court the highest appellate court Writ of certiorari a discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal Statutes legislative enactments Judicial review the power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional Judicial restraint a judge who abides by the judicial restraint philosophy 1 believes that the political process and not the courts should correct society s ills 2 decides an issue on a narrow basis if possible 3 follows precedent whenever possible 4 does not engage in judgemade law but interprets the letter of the law Judicial activism an activist judge tends to abide by the following judicial philosophies 1 the political process cannot adequately handle society s difficult issues 2 the courts can correct society s ills through the decision making process 3 following precedent is not crucial and 4 judgemade law is often necessary to carry out the legislative intent of the law CHAPTER 4 Plaintiffthe person who initiates a lawsuit Defendant the party involved in a lawsuit that is sued the party that is required to respond to the plaintiff s complaint Counterclaim any claim filed by the defendant in a lawsuit against the plaintiff in the same suit Counterplaintiff the party involved in litigation who files a counterclaim This party is the original defendant who is making a claim against the original plaintiff Counterdefendant the party involved in litigation against whom a counterclaim is filed this party is the original plaintiff Thirdparty defendants a party who is nota a party plaintiff or defendant to the original litigation Typically a defendant might file a claim against a third party stating that if the defendant is liable to the plaintiff then this third party will be liable to the defendant Standing to sue the requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing Personal jurisdiction the power of a court over the parties involved in the litigation process Summons an official notice to a person that a lawsuit has been commenced against him or her and that he or she must appear in court to answer the charges Longarm statutes a state statute that gives extraterritorial effect to process summon in specific cases It allows state courts to obtain jurisdiction in civil actions over defendants who are beyond the order of the state provided the defendants have minimum contact with the state sufficient to satisfy due process Extradition the process that one state uses to have another state transfer to the jurisdiction of the first state a person accused of criminal activities Classaction suit a method of litigation that allows one or more plaintiffs to file a lawsuit on behalf of a much larger group of persons all of whom have a common interest in the claims being litigated Pleadings the system for defining and narrowing the issues by parties who file formal documents stating their respective position in the lawsuit Complaint in legal practice the first written statement of the plaintiff s position and allegations which initiates the lawsuit Answer the responsive pleading filed by a defendant Default the failure of a defendant to answer a plaintiff s complaint within the time period allowed by the court upon the defendant s default a judgment is entered in the plaintiff s favor Discovery procedures by which one party to a lawsuit may obtain information relevant to the case from the other party or from third persons Interrogatories written questions submitted by one party to another in a lawsuit a type of discovery procedure Request for production of documents a method of discovery whereby one party asks the other to provide documents for the requesting party s review Depositions a discovery process outside the court s supervision that involves the sworn questioning of a potential witness This oral questioning is reduced to a written form so that a record is established Request for an admission a method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts that are not in dispute Motion the process by which the parties make written or oral requests that the judge issues an order or ruling Statute of limitations a statute that sets a date after which a lawsuit may not be brought This statute begins running after the happening of a certain event such as the occurrence of an injury or the breach of a contract Judgment on the pleadings a principle of litigation in the form of a motion whereby one party tests the validity of the allegations contained in the complaint and answer Upon this motion a judge might determine that the pleadings contain no issues of fact or law and thus grant a judgment prior to a trial Summary judgment a judicial determination that no genuine factual dispute exists and that one party to the lawsuit is entitled to judgment as a matter of law Affidavits sworn written statements made before an officer authorized by law to administer oaths Voir dire the preliminary examination of prospective jurors for the purpose of ascertaining bias or interest in the lawsuit Peremptory challenges the power granted each party to reject a limited number of potential jurors during voir dire examination No reason for the rejection need be given Directed verdict a motion for a directed verdict requests that the judge direct the jury to bring in a particular verdict if reasonable minds could not differ on the correct outcome of the lawsuit In deciding the motion the judge will view in the light most favorable to the nonmoving party and if different inferences may be drawn by reasonable people the court cannot direct a verdict In essence a directed verdict removes the jury s decision Jury instructions a statement made by the judge to the jury informing them of the law applicable to the case the jury is bound to accept and apply Burden of proof the term burden of proof has two meanings It may describe the party at a trial with the burden of coming forward with evidence to establish a fact The term also describes the party with the burden of persuasion This party must convince the judge or jury of the disputed facts in issue or else lose that issue There are various degrees of proof Beyond a reasonable doubt the burden of proof required in a criminal case The prosecution in a criminal case has the burden of proving the defendant is guilty and the jury must have no reasonable doubt about the defendant s guilt Preponderance of evidencein the judgment of the jurors evidence that has greater weight overcomes the opposing evidence and presumptions Clear and convincing proof a burden of proof that requires the party with the burden to establish clearly the existence of the alleged facts This burden requires more poof than merely having a preponderance of evidence on one s side Verdict findings of fact by the jury Judgment official adjudication of a court of law Judgment notwithstanding the verdict the decision of a court that sets aside the verdict of a jury and reaches the opposite result Appellant the party seeking reviews of a lower court decision Appellee the party responding to an appeal the winner in the trial court Petitionerthe party filing either a case in equity or a petition for a writ of certiorari before a supreme court Respondent the party answering a petition for a writ of certiorari in the Supreme Court Brief a written document produced by a party for a reviewing court that contains the facts propositions of law and argument of a party It is in this document that the party argues the desired application of the law and any contentions as to the rulings of the lower court Oral argument attorneys appear in person before the appellate court to explain orally to the court their position in the case and answer the court s question about the case Execution to carry out some action to completion With respect to enforcing a court s judgment an execution involves the seizure of the debtor s property a sale of the property and the payment of proceeds to the creditor Garnishment a legal proceeding whereby a creditor may collect directly from a third party who is obligated to the debtor Res judicata the doctrine that deems a former adjudication conclusive and prevents a retrial of matters decided in the earlier lawsuit


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