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Chapters 1 and 2
The nature and sources of law &The court system and dispute resolution
| Question | Answer |
|---|---|
| What is the definition of law? | The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. |
| What is a duty? | An obligation of la imposed on a person to perform or refrain from performing a certain act. |
| What is a constitution? | A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. |
| What is a private law? | The rules and regulations parties agree to as part of their contractual relationships. |
| What is procedural law? | The law that must be followed in enforcing rights and liabilities. |
| What is equity? | The body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. |
| What does jurisdiction mean? | The power of a court to hear and determine a given class of cases; the power to act over a particular defendant. |
| What is an appeal? | Taking a case to a reviewing court to determine whether the judgement of the lower court or administrative agency was correct. |
| What is a reversible error? | An error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court. |
| What are federal district courts? | A general trial court of the federal system. |
| What is an en banc? | The term used when the full panel of judges on the appellate court hears a case. |
| What is small claims court? | Courts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves. |
| What is attorney-client privilege? | Right of individual to have discussions with his/her attorney kept private and confidential. |
| What is a motion to dismiss? | A pleading that may be filed to attack the adverse party's pleading as not stating a cause of action or a defense. |
| What does a motion for summary judgement mean? | Request that the court decide a case on basis of law only because there are no material issues disputed by the parties. |
| What is an expert witness? | One who has acquired special knowledge in a particular field as through practical experience or study, or both, whose opinion is admissible as an aid to the trier of fact. |
| What is cross-examination? | The examination made of a witness by the attorney for the adverse party. |
| What is a directed verdict? | A direction by the trial judge to the jury to return a verdict in favor of a specified party to the action. |
| What is a mistrial? | A court's declaration that terminates a trial and postpones it to a later date;commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct. |
| What is arbitration? | The settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound. |
| What is a mediation? | The settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers the case. |
| What is an association tribunal? | A court created by a trade association or group for the resolution of disputes among its members. |
| What is a minitrial? | A trial held on portions of the case or certain issues in the case. |
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