| A | B |
|---|
| administrative agency | a fed or state government agency established to perform a specific function |
| administrative law | law created by admin in the form of rules, regulations |
| alternative dispute resolution | the resolution of disputes in ways other than those involved in the traditional process. |
| appeal | the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower courts judgment or decision |
| appellate court | court reviews decisions made by lower courts such as trial courts , court of appeal |
| appellate jurisdiction | power of a court to hear and decide an appeal; authority of a court to review cases that have already been tried in a lower court |
| arbitration | method of settling dispute submitted to a disinterested 3rd party other than the court who issues a decision |
| assault | any word o action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable threat |
| battery | the intentional and offensive touching o another without lawful justification |
| Bill of Rights | the first 10 amendments to the US constitution |
| California Courts of Appeal | 6 districts at appellant level in CA |
| California Superior Court | trial level at state level in CA |
| California Supreme Court | highest appellant level in CA |
| case law | rules of law announced in court decisions |
| case of first impression | a case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction |
| case citation | the reference that indicates where a particular constitutional provision, statute reported case or article can be found |
| common law | a body of law developed from custom or judicial decisions in English and U.S. courts not by legistative |
| concurrent jurisdiction | jurisdiction that exists when 2 different courts have the power to hear a case. eg- some cases can be heard in either federal or state court |
| concurring opinion | the judge agrees with the decision given in the majority opinion but for different reasons |
| constitutional law | law based on the U.S. constitution and the constitutions of the states |
| Consumer Products Safety Commission | other federal admin agencies |
| County / municipal ordinance | an order, rule or law enacted by a municipal or county government to govern a local matter not addressed by state or fed |
| court of equity | a court that decides controversies and administers justice according to the rules, principles, and precedents of equity |
| court of law | a court in which the only remedies were things of value, such as money, land, items of value |
| court of opinion (s) | contains the courts reason for its decision, the rules of the law that apply |
| deceptive advertising | advertising that misleads the consumers |
| dissenting opinion | written by a judge who does not agree with the majority opinion |
| diversity of citizenship | lawsuit btwn citizens of different states, amount in controversy must be more than $75000 before a federal court can exercise jurisdiction |
| enabling legislation | statute that authorizes the creation of an admin agency the name, purpose, and powers of the agency being created |
| exclusive jurisdiction | jurisdiction that exists when a case can be heard only in a particular court, such as a federal court |
| false imprisonment | the intentional confinement or restraint of a person against his or her will |
| Fair Debt-Collection Practices Act | in 1977 congress passed-in attempt to curb perceived abuses by collection agencies. |
| federal question | a question that pertains to the US consititution, acts of congress or treaties |
| Federal Trade Commission (FTC) | 1914 - authorizes the FTC to determine what constitutes a deceptive practice |
| injunction | a court decree ordering a person to do or to refrain from doing a certain act |
| intentional tort | a wrongful act knowingly committed |
| jurisdiction | equals power - the authority of a court to hear and decide a specific case |
| laches | an equitable doctrine that bars a party's right to legal actions if the party has neglected for an unreasonable length of time to act on his or her rights |
| libel | defamation in writing or other published form |
| long arm statute | statute permits a state to obtain jurisdiction over nonresidents- based on activities that took place within the state |
| majority opinion | when there is not an unanimous opinion - a opinion written explaining the views of majority of the judges deciding the case |
| mediation | a method of settling disputes outside of the court by using the services of a neutral third party, who acts as a communicating agent btwn the parties. less formal than arbitration |
| minimum contacts | demonstrated that the non resident had sufficient contacts with the state to justify the jurisdiction |
| negligence | failure to exercise the standard of care that a reasonable person would exercise in similar circumstances |
| negotiation | starts when the incident began - the parties attempt to settle their dispute voluntarily with or without attorneys |
| personal jurisdiction | court can exercise personal jurisdiction over residents of a certain geographic area |
| precedent | a court decision that furnishes authority for deciding later case in which similar facts are presented |
| primary source of law | in legal research, a document that establishes the law on a particular issue, such as a case decision, legislative act, admin rule or pres order |
| product liability | the legal liability of manufacturers and sellers of goods to consumers |
| punitive damages | money damages awarded to a plaintiff to punish the defendant and deter future similar conduct |
| rescission | a remedy in which a contract is conceled and the parties are returned to the positions they occupied before the contract was made |
| reversible error | legal error at the trial court level that is significant enough to have affected the outcome of the case. |
| rule of four | at least 4 justices approve the decision to issue the writ |
| secondary source of law | any publication that indexes, summarizes or interprets such as legal encyl, treatise or article of law review |
| slander | defamation in oral form |
| specific performance | equitable remedy requiring the performance that was specified in a contract- concerns a contractual transaction - when money damages are inadequate |
| standing to sue | a sufficient stake in a controversy to justify bringing a lawsuit. the plaintiff must demonstrate an injury or a threat of injury |
| stare decisis | doctrine of precedent under which a court is obligated to follow earlier decisions of that court or higher courts within the same jurisdiction. - Major characteristic of common law system |
| statutory law | the body of written laws enacted by the legislature |
| statute of limitations | a statute setting the max time period within which certain actions can be brought or rights enforced. after the period of time has run no legal action can be sought |
| subject matter jurisdiction | one type of federal court of limited subject-matter jurisdiction is a bankruptcy court.- usually defined in the statute or constitution creating the court. |
| supremacy clause | the provision in article VI of the US constitution that declares the constitution " the supreme law of the land" |
| tort | civil wrong not arising for ma breach of contract; a breach of a legal duty that causes harm or injury to another |
| tortfeasor | one who commits a tort |
| trial court | court which cases begin and in which questions of fact are examined |
| truth-in-lending-act TILA | disclosure law - only protects persons not buisness - requires sellers and lenders to disclose credit terms or loan terms |
| trust account | a bank or escrow account in which one party holds funds belonging to another person |
| unanimous opinion | when all justices agree on the decision |
| United states court of Appeal | federal 1st appellant level |
| United States District court | trial level for federal |
| United States supreme Court | highest level of appellant federal |
| venue | the proper court - geographic district in which an actions is tried and from which the jury is selected -most appropriate location for the trial |
| writ of certiorari | to bring a case before the supreme court a party requests the court to issue a writ .... higher court requesting lower court it the record for the case to review- 4 of 9 want to consider it |
| 9th Circuit | California is in this circuit |
| case law | slip law, advance sheets, case reporter |
| ADR | Negotiation, mediation, arbitration |
| caucus | is only allowed in mediation not in the court system |
| elements of contract | offer, acceptance, consideration |
| intellectual property | patent, trademark, copyright, trade secret |
