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Basic Law

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21 cards

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Section 1

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Stare decisis

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Government Law Politics

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Last updated

6 years ago

Date created

Mar 1, 2020

Cards (21)

Section 1

(21 cards)

Stare decisis

Front

Legal doctrine that applies when a court declares that a principle of law, as decided in an earlier case(s), serves as precedent and is to be followed by other courts in similar or analogous cases.

Back

Constitution

Front

A written instrument for the American people or people of a state, regarded as the absolute law of the land; highest authority of law.

Back

Compliant

Front

The first court pleading, alleging the cause of action within a lawsuit; document that initiates the lawsuit; used in civil law; concise statement giving defendant notice of the causes of action and the relief and remedies demanded by the party filing it.

Back

Pretrial

Front

Conference scheduled by court before trial, attended by attorneys and parties to lawsuit and presided over later liens.

Back

Trial court

Front

Lower court wherein issues of fact are decided by judge or jury and judgment is rendered.

Back

Statue

Front

Within law, enacted by state or federal legislature, that declares, commands, or prohibits some act.

Back

Interrogatories

Front

Written questions sent from one party to a lawsuit to other party, who must answer them in writing under oath.

Back

Judgment

Front

Court of law's decision upon the parties' claims within a litigated lawsuit; can be converted into a lien.

Back

Deposition

Front

The testimony of a witness taken before a person authorized to take oaths wherein such witness can be cross-examined by opposing counsel during discovery or examined and cross-examined by both sides' attorneys in order to perpetuate testimony.

Back

Arbitration

Front

Determination by panel of arbiters of disputed matter under binding agreement between disputing parties.

Back

Criminal litigation

Front

Brought by the government by the government against wrongdoers whose acts pose such a threat to society that governmental intervention and punishment of the wrongdoer are appropriate.

Back

Settlement

Front

An agreement by the parties to a lawsuit to each take something less than each desires so as to avoid pursuing the case to trial or beyond.

Back

Precedent

Front

Principle of law declared by a court to serve as a rule for future guidance in same or analogous cases.

Back

Counterclaim

Front

The claim made by defendant against the plaintiff either as a claimed amount or a set-off; used in civil cases only.

Back

Reply

Front

A plaintiff's responsive pleading to a defendant's counterclaim; does the same thing for the plaintiff that the answer does for the defendant.

Back

Civil action

Front

Not criminal; an adversary proceeding for enforcement, declaration, or protection of a private right or to prevent a private wrong; an action to compel payment or redress from private civil wrongs.

Back

Mediation

Front

A structured settlement process utilizing a skilled negotiator working with the parties to a lawsuit.

Back

Appeals court

Front

Determines questions of law whether errors of law or abuse of discretion were made by a lower court.

Back

Discovery

Front

Litigation techniques for finding out the evidence and testimony of an opposing party or a witness in the lawsuit and/or admissions or denials of facts in controversy; all done prior to the actual trial.

Back

Answer

Front

Defendant's response, in pleading form, to plaintiff's complaint by denial or a combination of admissions and denials.

Back

Service process

Front

Delivering or somehow putting a defendant on notice that he or she is being sued, so as to give him or her the constitutionally protected due process pf law rights.

Back