Chapter 1 Vocabulary

Paralegal Studies 1311 with Prentice at Austin Community College

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By: Jax Blackmer
Created: 2011-02-08
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law

a body of rules of conduct prescribed by controlling authority and having binding legal force

common law: as a system of law

total system of law originated in midieval England

Apopted by US at time of American Revolution

Expressed originally in opinions and judgements of the courts

judge-made law

reflects customs and usagse of the people

contrasted to Roman Civil Law

sometimes called Unwritten Law

action in equity

a civil trial held without a jury hen relief sought by plantiff is equitable in nature

(i.e. an injunction, a divorce or dissolution of a marriage)

common law: as a type of law

law which comes from the common courts as opposed to a legislature or court of equity

federalism

a government consisting of a union of more or less self-governing states under an umbrella of federal government

stare decisis

common law doctrine that binds an inferior (subordinate) court to follow and apply decisions and interpretations of higher courts when similar cases arise.

also called the doctrine of precedents

precedent

a court decision on a question of law that gives authority or direction on a similar question of law in a later case with similar facts

unwritten law

a historically based reference to court or judgement-made law

reporter

set of books that contains the written opinions of justices of specified appellate courts

volumes contain decisional, or unwritten law

volumes in the reporters and the cases they contain are arranged chronologically and accessible by case name or subject matter index

civil law

all reported judicial decisions; law that comes from judges' opinions in lawsuits

alsdo referred to as court law, judge law and sometimes common law

statutes

law enacted by congress or by state legislatures

ordinance

written law enacted by a city or county (parish)

(i.e. a zoning ordinance that governs the use of land)

written law

an old fashioned reference to the statutes and ordinances of federal, state, and local governments, and the published rules of administrative agencies

codes

compilations of statutes that are grouped together by subject matter

(i.e. a vehicle code)

doctrine of supremacy

constitutional doctrine that applies whenever the US and a state or local government enact conflicting laws on the same subject. Under this constitutional doctrine, the federal law prevails

case or controversy

a requirement that courts may decide only cases in which an actual conflict between persons exist

judicial activists

judges whose judicial philosophy includes treating the law as a vibrant and active source of rules

when faced with new issues such judges are likely to see the constitution as a flexible document and stare decisis as challangeable when they believe more important social needs must be addressed

strict constructionists

judges whose reading of the law narrowly interprets legal words and who suscribe to interpreting the law consistent with the believed meaning given it by the drafters

dicta

any part of a court opinion that is unnecessary to the resolution of dispute before the court. such digression by a judge is not binding on later courts

initiative

an electoral process for making new statutes or changing the constitution by filing appropriate formal petitions to be voted upon by legislature (and governoe) or by the people. The initiative is not available in all states

civil law

branch of law dealing w/ individual rights & duties & their enforcement

refers to total system of law embracing civil and criminal matters

used in ancient rome and copied to europe in modern times

criminal law

the branch of law dealing with crimes and their punishment

private law

that body of law regulating the rights and duties that exist b/w private persons (including private corporations)

(i.e contract law)

public law

that body of law directly concerned with public rights and obligations

(i.e constitutional, administrative, criminal, and international law)

international law

the branch of law governing relations b/w and among sovereign nations

procedural law

general principles and detailed rules that define the methods of administering substantive law

substantive law

general principles and detailed rules that define legal rights and duties

ethics

standards of fair and honest conduct applied to social behavior

morals

values concerning right and wrong

moral problem solving

conflict-resolutions process aimed at solving conflicts involving moral dilemmas through communication, education, and negotiation. Broad term describes interrelational rather than individual process

code of ethics

a systematic statement of agreed-upon moral rules for a profession, business, or group

moral reasoning

a rational thought process directed at testing whether action is right or wrong. The conclusion is a determination of moral responsibility or culpability

duty-based ethics

the doctrine that actions are morally correct if they comply with existing obligations owed another or ourselves

utilitarianism

an ethical doctrine holding that determining right conduct is based on consequences; that the purpose of the behavior should be the greatest happiness of the greatest number

situational ethics

term used disparagingly to describe an "end-justifies-the-means" maximum supplanting duty or obligation

deductive logic

a method of logical reasoning from two or more propositions to a conclusion. Inferences are drawn from a general premise to a specific premise. The conclusion is valid if the propositions on which the conclusion is based are true

syllogism

a pattern of deductive logic that contains a major or general premise, a minor or specific premise, and a conclusion, always in that order. The conclusion follows from the premises but is not a premise itself

nonnormative statements

statements that reflect no value judgment

normative statements

statements that reflect what should be or how one should act

positive law

the rules members of a society are obliged to obey to avoid punishment or penalty imposed by the government

culpability

behavior that is sufficiently wrongful to be at fault or to be responsible for proscribed conduct

unanimous opinion

a judicial decision with complete agreement by all judges

majority opinion

a written opinion by a judge outlining the views of the majority of the judges of the court deciding the case

concurring opinion

a written opinion wherein a judge agrees (concurs) with the result reached by another judge, but for different reasons from those states by the other judge

dissenting opinion

a written opinion by a judge or judges who vote(s) contrary to the majority opinion and holding of the court

appellant or petitioner

the party who appeals to a higher court for review of a lower court ruling

appellee or respondent

the party who, on appeal, defends the earlier court determination

About this deck

By: Jax Blackmer
Created: 2011-02-08
Size: 47 flashcards
Views: 7

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy