Legal Studies flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Stare decisis
- The doctrine that courts must follow the holdings of higher courts in the same appellate hierarchy, promoting consistency and predictability in the common law.
- Ratio decidendi
- The essential legal reasoning on which a court's judgment rests; this part of the decision is binding precedent for later courts.
- Burden of proof
- The obligation of a party to prove a fact or claim to the required standard, such as beyond a reasonable doubt or by a preponderance of the evidence.
- Judicial review
- The power of courts to examine legislative or executive acts and invalidate those inconsistent with the constitution, subject to jurisdictional limits.
- Ejusdem generis
- A canon of construction holding that general words following a list of specific items are limited to things of the same class as the listed items.
- Delegated legislation
- Regulations issued by an agency under authority granted by an enabling statute; valid only within the scope of that statutory delegation.
- Subject-matter jurisdiction
- A court's authority over the type of case presented; it cannot be waived by the parties and may be raised at any stage.
- Personal jurisdiction
- A court's power over a defendant, typically requiring minimum contacts with the forum plus fair play and substantial justice.
- Summary judgment
- A pretrial ruling for a party when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law.
- Issue preclusion
- The doctrine barring relitigation of an issue actually litigated and necessarily decided in a prior case between the same or related parties.
- Actus reus
- The prohibited voluntary act or, where a legal duty exists, an omission that constitutes the physical element of a crime.
- Mens rea
- The mental state required for a criminal offense, commonly categorized as purposely, knowingly, recklessly, or negligently.
- Exclusionary rule
- A rule suppressing evidence obtained in violation of constitutional rights, extended to derivative evidence under the fruit-of-the-poisonous-tree doctrine.
- Double jeopardy
- A constitutional protection barring retrial after acquittal and multiple punishments for the same offense, but not retrial after a hung jury.
- Consideration
- A bargained-for exchange of value that makes a promise enforceable; past consideration and illusory promises generally do not qualify.
- Statute of frauds
- A writing requirement for certain contracts, typically including land sales, suretyship, and agreements not performable within one year.
- Liquidated damages
- A contract clause fixing damages in advance; enforceable if reasonable and a genuine estimate of anticipated loss, otherwise a penalty.
- Expectation damages
- A contract remedy placing the non-breaching party in the position they would have occupied had the contract been fully performed.
- Res ipsa loquitur
- An inference of negligence permitted when the instrumentality was in the defendant's exclusive control and the event ordinarily does not occur without negligence.
- Proximate cause
- A causation standard limiting liability to harms that are a foreseeable consequence of the defendant's conduct, excluding remote or extraordinary results.
- Strict liability
- Liability without proof of fault, applied to abnormally dangerous activities and to defective products under certain product liability theories.
- Actual malice
- In defamation, knowledge that a statement was false or reckless disregard of its truth or falsity, required for public figures.
- Joint tenancy
- A form of concurrent ownership with equal undivided shares and a right of survivorship, requiring unity of time, title, interest, and possession.
- Adverse possession
- Acquisition of title by actual, open, notorious, exclusive, continuous, and hostile possession of another's land for the statutory period.
- Implied warranty of habitability
- A non-waivable residential lease term requiring the landlord to maintain premises fit for human habitation, breach of which permits remedies.
- Race-notice statute
- A recording law protecting a subsequent purchaser who records first and takes without notice of a prior unrecorded interest.
- Community property
- A marital property regime in which property acquired during marriage is owned equally by both spouses, subject to statutory exceptions.
- Best interests of the child
- The governing standard in custody and adoption decisions, weighing stability, caregiver relationships, safety, and the child's needs.
- Business judgment rule
- A presumption that corporate directors acted on an informed basis, in good faith, and in the corporation's best interest, shielding them from liability.
- Employment at will
- A default rule permitting either party to terminate employment at any time for any lawful reason, subject to statutory and public-policy exceptions.
- Attorney-client privilege
- A rule protecting confidential communications between lawyer and client made for the purpose of obtaining legal advice from compelled disclosure.
- Conflict of interest
- A situation where a lawyer's duties to one client or personal interest materially limit representation of another, requiring disclosure and consent or withdrawal.