LEGAL ENVIROMENT OF LAW
CHAPTER ONE
Terms
undefined, object
copy deck
- injunction
- (law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity
- appeal
- (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
- COMMON LAW
- The body of law that comes from decisions handed down by judges; also referred to as unwritten law
- Change of venue
- A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
- Change of venue
- A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
- civil_rights
- right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equ
- Mens Rea
- Mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act will not make a person guilty unless the mind is also guilty".
- Supreme_Court
- the highest federal court in the United States
- Change of venue
- A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
- civil_rights
- right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equ
- Error coram nobis
- A writ claiming previously unknown facts amounting to extraordinary error. In many legal systems, this writ or terminology has been abolished but the same relief is available under more modern procedures.
- appeal
- (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
- inadmissible
- Not to be approved, considered, or allowed, as testimony.
- Non est factum
- "It is not (his) deed". A plea that a person who has signed up to a deed or a contract lacked the necessary understanding or intent, and is therefore not bound by the document. A successful plea would void the contract.
- Mareva injunction
- A remedy granted by a court to stop a defendant from dissipating its assets from beyond the courts jurisdiction, so as to frustrate judgment. It is named for the Mareva case, although it first appeared in the Nippon case.
- Deposition
- An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.
- Arraignment
- A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
- Non est factum
- "It is not (his) deed". A plea that a person who has signed up to a deed or a contract lacked the necessary understanding or intent, and is therefore not bound by the document. A successful plea would void the contract.
- Federal Magistrates Court
- This court was established in 1999 to deal with less serious matters previously dealt with by the Federal and Family Courts. Its jurisdiction includes areas such as Family law, bankruptcy and trade practices.
- statutory_law
- the body of laws created by legislative statutes
- Implied Authority
- Conferred by custom, inferred, or implied as reasonably necessary to carry out express authority.
- Mistrial
- Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings, hung jury, or when the proceedings must be interrupted.
- affidavit
- written declaration made under oath
- Motions
- Oral or written requests made by a party to an action and brought before a judge prior to, during, or after a trial.
- appeal
- (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
- Appellant
- The party who appeals a district court's decision, usually seeking reversal of that decision.
- Ex parte
- By or for one party without notification of nor representation on behalf of other parties. A variant is ex parte on notice where the other party has received informal or short notice, but not formal or full notice. When an application is made ex parte the other side is not heard, and there is therefore an obligation of full and frank disclosure on the part of the applicant in order to present a fair picture to the Court being asked to make any decision.
- exhibit
- an object or statement produced before a court of law and referred to while giving evidence
- Elastic clause
- the part of the Constitution that permits Congress to make any laws "necessary and proper" to carrying out its powers
- miranda rights
- the rights of which an arresting officer must advise that person being arrested
- Infraction
- An essentially minor violation of law where the penalty upon conviction only consists of monetary forfeiture. A violation of law which could include imprisonment is a crime. It is distinguished from a misdemeanor or a felony in that the penalty for an infraction cannot include any imprisonment.
- Misdemeanor
- A less serious crime which is punishable by a fine, by imprisonment of one year or less, or by both. Some jurisdictions classify all violations of law which are less than felonies as misdemeanors, however generally a violation of law which is only punishable by a fine, and which cannot be punished by imprisonment, is considered an infraction (and not a crime), rather than a misdemeanor.
- appeal
- (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
- Direct Appeal
- A proceeding in which a convicted person asks a higher court to overturn a conviction or sentence received at the trial court based on alleged errors which appear in the trial record.
- Arraignment
- A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
- Express authority
- An employee who is hired by agreement (oral or written) is an agent and has been given express authority to act on behalf of the business. That authority, however, may be limited; an express contract specifies the limitations of an agent's authority.
- STATUTORY LAW
- the body of laws created by legislative statutes
- appeal
- (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
- Inadmissible
- That which under the established rules of evidence, cannot be admitted or received in court.
- Change of venue
- A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
- Local Court
- This court has a single Magistrate and matters are heard summarily (without a jury). Its jurisdiction covers [Criminal] summary offences and [civil] jurisdiction up to the amount of $60 000.
- jurisprudence
- the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
- appeal
- (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
- Indictment
- The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.
- Adversarial system
- A system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive. See Inquisitorial system.
- COMMON LAW
- The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
- Crime
- A violation of law which is an offense against the state and generally punishable by some form of penalty which could include prison or jail time. Crimes are defined as serious felonies or less serious misdemeanors. A violation of law which only has a monetary penalty is not a crime per se, but an infraction.
- ADMINISTRATIVE LAW
- the body of rules and regulations and orders and decisions created by administrative agencies of government
- dismissal
- the termination of someone's employment (leaving them free to depart)
- Class Action
- A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
- Estoppel
- A principle of equity whereby a person is not allowed (is, therefore, estopped) from maintaining or relying upon the existence of a certain state of affairs. It is often said to be a shield not a sword, i.e., to afford a defence to a claim rather than the basis for a claim, but in certain cases the effect of an estoppel is to confer actionable legal rights. If, for example, a promise is made which is not legally enforceable because there has been no consideration provided for it, and it would be inequitable for the promise to be broken, the promisor may be estopped from reneging on the promise.
- in_loco_parentis
- in place of the parents
- amicus_curiae
- an adviser to the court on some matter of law who is not a party to the case
- Change of venue
- A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
- libel
- a tort consisting of false and malicious publication printed for the purpose of defaming a living person
- Inter Alia
- "Among other things." Used in pleadings before a court or opinions of a court. ie. "The defendant claims, inter alia, that the plaintiff fails to establish . . ."
- De Minimis
- Trifling or minimal; A fact or thing so insignificant that a court may overlook it in deciding an issue or case. Often misspelled de minimus.