Key Terms - Glossary Chapter 1 stare decisis administrative...

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Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. duty an obligation of law imposed on a person to perform or refrain from performing a certain act. equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. precedent a decision of a court that stands as the law for a particular problem in the future. private law the rules and regulations parties agree to as part of their contractual relationships. procedural law the law that must be followed in enforcing rights and liabilities. right legal capacity to require another person to perform or refrain from an action. right of privacy the right to be free from unreasonable intrusion by others. statutory law legislative acts declaring, commanding, or prohibiting something. substantive law the law that defines rights and liabilities. Chapter 2 en banc the term used when the full panel of judges on the appellate court hears a case. voir dire examination the preliminary examination of a juror or a witness to ascertain fitness to act as such. admissibility the quality of the evidence in a case that allows it to be presented to the jury. affirm action taken by an appellate court that approves the decision of the court below. answer what a defendant must file to admit or deny facts asserted by the plaintiff.
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appeal taking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct. (Parties— appellant, appellee) appellate jurisdiction the power of a court to hear and decide a given class of cases on appeal from another court or administrative agency. 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. association tribunal a court created by a trade association or group for the resolution of disputes among its members. attorney–client privilege right of individual to have discussions with his/her attorney kept private and confidential complaint the initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant.
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