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Chapter 5 Legal Assistant


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List 4 Primary Sources of Law.
1.) The U.S. and State Constitutions.
2.) Statuatory Law- Also laws passed by Congress, state legislatures, and local government bodies.
3.) Regulations created by Administrative agencies.
4.) Case law and common law doctrines.
What is Constitutional Law?
Constitutional Law are Laws based on the U.S. Constitution and the constitutions of the states.
What is Supremacy Clause?
Supremacy Clause is the provision of Article VI of the U.S Constitution that declares that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."
What are the Bill of Rights?
The first ten amendments to the U.S. Constitution.
What is a statute?
A Statute is a written law enacted by a legislature under its constitutional lawmaking authority.
What is an Ordinance?
An Ordinance is a municipal or county government law, enacted by these jurisdictions, where the federal government does not have jurisdiction over the locality.
What is an administrative agency?
An administrative agency is a federal or state government agency established to perform a certain function. They are authorized by the legislature to make and enforce rules relating to this specific purpose.
What is case law?
Case law is rules of law announced in court decisions.
What is common law?
Common law is a body of law developed from custom or judicial decisions in English or U.S. courts and not by a legislature.
What is a precedent?
A court decision which gives an example of authority for determining other cases in which similar facts are present.
What is stare decisis?
Stare decisis is the doctrine of precedent, underwhich a court is obligated to follow earlier decisions in court where the similar facts are presented in court. This is a defining characteristic of the common law system.
What is enabling legislation?
Enabling legislation is a statute enacted by a legislature that authorizes the creation of an administrative agency and specifies the name, purpose, composition, and powers of the agency being created.
What is administrative law?
A body of law created by administrative agencies, in the form of rules, regulations, orders, and decisions in order to carry out their duties and responsibilities.
What is codify?
Codifying is systematically collecting and organizing a body of concepts, principles, decisions, or doctrines.
What is a citation?
A citation is a reference that indicates where a particular constitutional provision, statute, reported case, or article can be found.
A statement by the court setting forth the applicable law and the reasons for its decision in a case.
The authority of a court to hear and decide a specific action.
Long arm statute
A state statute that permits a state to obtain jurisdiction over nonresident individuals and corporations. Individuals or corporations, however, must have certain "minimum contacts" with that state for the statute to apply.
Probate court
A court having jurisdiction over proceedings concerning the settlement of a person's estate.
Bankruptcy court
A federal court that hears only bankruptcy proceedings.
Original jurisdiction
The power of a court to take case trials and make decisions on them.
Trial court
A court in which cases begin and in which questions of fact are examined.
Appellate jurisdiction
The power of a court to hear and decide an appeal. It has the power and authority to review cases from a lower court and make decisions without going to trial. This is called appellate review.
Appellate court
A court that reviews decisions made by lower courts, such as trial courts; a court of appeals.
Federal question
A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for jurisdiction by the federal courts. This jurisdiction is authorized by Article III, Section 2, of the Constitution.
Diversity of citizenship
Under article III, Section 2, of the Constitution, a basis for federal district court jurisdictin over a lawsuit between (1)citizens of different states (2)a foreign country and citizens of a state or states, or (3)citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can exercise jurisdiction in such cases.
Concurrent jurisdiction
This is when two different courts have the power to hear a case. Example, some cases can be heard in either a federal or state court.
Exclusive jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court, such as a federal court.
The list of cases entered on a court calendar and thus scheduled to be heard by the court.
The geographical district in which an action is tried and from which the jury is selected.
Standing to sue
A sufficient stake in a controversy to justify bringing a lawsuit. To have standing to sue, the plaintiff must demonstrate that he or she has been either injured or threatened with injury.
Writ of certiorari
This is a writ from a higher court asking the lower court to send it the record of a case for review. The US Supreme Court uses this to review most cases it hears.
Rule of four
Needed to issue a writ of certiorari. A rule of the United States Supreme Court in which at least four of the justices must approve of the writ before it is issued.
Alternative dispute resolution
Resolution for disputes other than a regular court hearing. Negotiation, mediation, and arbitration are forms of ADR.
An ADR. A process in which both parties attempt to settle matters informally, without attorneys to represent them.
Settlement agreement
An ADR. An out-of-court dispute resolution, which is agreed to by both parties in writing.
An ADR which settles disputes out of court using the services of a neutral third party. This person acts as a communicator between the parties. Less formal than formal arbitration.
ADR method of settling disputes where a disinterested third party (other than court), renders a decision which may or may not be legally binding.
Arbitration clause
A clause in a contract that provides that, in case of a dispute, the parties will determine their rights through arbitration rather than the judicial system.
Submission agreement
A written agreement to submit a legal dispute to an arbitrator or arbitrating panel for resolution.
In the context of ADR, the decision rendered by an arbritrator.
American Arbitration Association (AAA)
The major organization offering arbitration services in the United States.
Online dispute resolution (ODR)
The resolution of disputes with the assistance of an organization that offers dispute-resolution services via the internet.

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