History Quiz / HCHS Legal Terms 2

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The area of law that concerns government agencies.

The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few.

1) A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens or entities. 2) A body of laws and legal concepts derived from Roman

Recovered for injury or economic loss. For instance, if someone is injured in a car accident and the party who injures them has to pay this, the party at fault must cover cost of t

A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying, in effect, that even if the facts are true, there is no legal basis for a lawsuit. Examples

Testimony given under oath or sworn affidavit before a trial.

What a normal, responsible person would do under the same conditions; investigation done by a buyer before making a purchase of a company.

A serious crime punishable by death or at least one year in a state or federal prison; arson, rape, perjury, homicide, etc.

Doing something illegal or morally wrong. Malfeasance includes dishonesty and abuse of authority.

A crime less serious than a felony, punishable by or imprisonment for less than a year.

Latin for “at first look,” or “on its face,” and refers to what can be presumed after the first disclosure.

A case where, upon first look, the facts themselves prove the case.

A provisional remedy to help keep someone safe until a hearing to decide if a permanent remedy is needed.

Awarded over and above compensatory damages for punishment. If the act causing the injury was committed out of negligence or malice, this serves not only as a punishment, but as an

Latin for “to stand by things decided,” to adhere to precedents of earlier cases as sources of law. When an issue has already been ruled upon by a court, other cases involving

A written law passed by Congress or another legislative body.

The legal basis ownership of real or personal property or a document that serves as evidence of this ownership.

From the French word for “wrong,” a wrongful or illegal act, whether intentional or accidental, in which an injury occurs to another.

Improper, illegal or negligent professional activity or treatment, especially by a medical practitioner, lawyer or public official.

Pre-trial procedure in a lawsuit in which each party can obtain evidence from the other party by devices such a a request for answers to interrogatories, requests for production of

An official court record book which lists all the cases before the court.

Cannot be received into evidence at a trial for consideration by the jury or judge in reaching a determination or verdict.

Latin for “afresh” or “beginning again”; new trial by a different tribunal.

Legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.

A legal proceeding by which a case is brought before a higher court for review of the decision of a lower court.

To send back; an appeals court sending a case back to the trial court for further action.

The conclusion of a jury or a judge of what the facts are or were; a finding of fact.

Form of defense used in criminal procedure wherein the accused attempts to prove that he or she was in some other place at the time the alleged offense was committed.

A paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case; a form of legal process that commands a defendant to

A charge of a felony voted by a grand jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the prosecutor (district attorney).

A form of alternative dispute resolution (ADR) in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case before a trial.

Legal technique fo the resolution of disputes outside of the courts; a tribunal issues a decision that can be binding or non-binding.

A person who is designated by another to represent that individual at a meeting or before a public body; a written authorization allowing one person to act on behalf of another.