LENB Test 1
service of process - ✔️✔️the procedure by which a court delivers a copy of the
statement of claim or other legal documents, such as a summons, complaint, or
subpoena, to the defendant
model laws - ✔️✔️laws created to account for the variability of laws among states.
these laws serve to standardize the otherwise different interstate laws. also called
uniform laws
cost-benefit analysis - ✔️✔️an economic school of jurisprudence in which all costs and
benefits of a law are given monetary values. laws with the highest ratios of benefits to
costs are then preferable to those with lower ratios
law - ✔️✔️rules of conduct in any organized society that are enforced by the governing
authority of the community
private law - ✔️✔️law that involves suits between private individuals or groups
public law - ✔️✔️law that involves suits between private individuals or groups and their
government
civil law - ✔️✔️the body of laws that govern the rights and responsibilities either
between persons or between persons and their government
criminal law - ✔️✔️the body of laws that involve the rights and responsibilities an
individual has with respect to the public as a whole
constitutional law - ✔️✔️the general limits and powers of a government as interpreted
from its written constitution
statute - ✔️✔️legislative actions
statutory law - ✔️✔️the assortment of rules and regulations put forth by legislatures
case law - ✔️✔️the collection of legal interpretations made by judges. they are
considered to be law unless otherwise revoked by a statutory law. also known as
common law
, precedent - ✔️✔️a tool used by judges to make rulings on cases on the basis of key
similarities to previous cases
administrative law - ✔️✔️the collection of rules and decisions made by administrative
agencies to fill in particular details missing from constitutions and statutes
business law - ✔️✔️the enforceable rules of conduct that govern the actions of buyers
and sellers in market exchanges
legal realism - ✔️✔️a school of jurisprudence that holds that context must be
considered as well as law. context includes factors such as economic conditions and
social conditions
trial court - ✔️✔️Court of original jurisdiction where cases begin
appellate court - ✔️✔️A court having jurisdiction to review cases and issues that were
originally tried in lower courts.
complaint - ✔️✔️A formal written document that begins a civil lawsuit; contains the
plaintiff's list of allegations against the defendant, along with the damages the plaintiff
seeks.
summons - ✔️✔️a notice directing someone to appear in court to answer a complaint
or a charge
in rem jurisdiction - ✔️✔️the power of a court over the property or status of an out-of-
state defendant when that property or status is within the court's jurisdiction area
subject matter jurisdiction - ✔️✔️the power of a court to hear a particular type of case
standing - ✔️✔️legitimate justification for bringing a civil case to court
case or controversy - ✔️✔️A requirement that courts may decide only cases in which
an actual conflict between persons exists.
ripeness - ✔️✔️a case that is ready for litigation and does not depend upon
hypothetical future events
default judgement - ✔️✔️a judgement entered by a court against a defendant who has
failed to appear in court to answer or defend against the plaintiff's claim
service of process - ✔️✔️the procedure by which a court delivers a copy of the
statement of claim or other legal documents, such as a summons, complaint, or
subpoena, to the defendant
model laws - ✔️✔️laws created to account for the variability of laws among states.
these laws serve to standardize the otherwise different interstate laws. also called
uniform laws
cost-benefit analysis - ✔️✔️an economic school of jurisprudence in which all costs and
benefits of a law are given monetary values. laws with the highest ratios of benefits to
costs are then preferable to those with lower ratios
law - ✔️✔️rules of conduct in any organized society that are enforced by the governing
authority of the community
private law - ✔️✔️law that involves suits between private individuals or groups
public law - ✔️✔️law that involves suits between private individuals or groups and their
government
civil law - ✔️✔️the body of laws that govern the rights and responsibilities either
between persons or between persons and their government
criminal law - ✔️✔️the body of laws that involve the rights and responsibilities an
individual has with respect to the public as a whole
constitutional law - ✔️✔️the general limits and powers of a government as interpreted
from its written constitution
statute - ✔️✔️legislative actions
statutory law - ✔️✔️the assortment of rules and regulations put forth by legislatures
case law - ✔️✔️the collection of legal interpretations made by judges. they are
considered to be law unless otherwise revoked by a statutory law. also known as
common law
, precedent - ✔️✔️a tool used by judges to make rulings on cases on the basis of key
similarities to previous cases
administrative law - ✔️✔️the collection of rules and decisions made by administrative
agencies to fill in particular details missing from constitutions and statutes
business law - ✔️✔️the enforceable rules of conduct that govern the actions of buyers
and sellers in market exchanges
legal realism - ✔️✔️a school of jurisprudence that holds that context must be
considered as well as law. context includes factors such as economic conditions and
social conditions
trial court - ✔️✔️Court of original jurisdiction where cases begin
appellate court - ✔️✔️A court having jurisdiction to review cases and issues that were
originally tried in lower courts.
complaint - ✔️✔️A formal written document that begins a civil lawsuit; contains the
plaintiff's list of allegations against the defendant, along with the damages the plaintiff
seeks.
summons - ✔️✔️a notice directing someone to appear in court to answer a complaint
or a charge
in rem jurisdiction - ✔️✔️the power of a court over the property or status of an out-of-
state defendant when that property or status is within the court's jurisdiction area
subject matter jurisdiction - ✔️✔️the power of a court to hear a particular type of case
standing - ✔️✔️legitimate justification for bringing a civil case to court
case or controversy - ✔️✔️A requirement that courts may decide only cases in which
an actual conflict between persons exists.
ripeness - ✔️✔️a case that is ready for litigation and does not depend upon
hypothetical future events
default judgement - ✔️✔️a judgement entered by a court against a defendant who has
failed to appear in court to answer or defend against the plaintiff's claim
