State of nature - Answers Hypothetical position of humanity before the creation of state or
government
Belief in natural right - Answers Idea that everyone is for themselves
Laws - Answers Social contracts that restrict people's rights
Standing, or standing to sue - Answers A legal doctrine focusing on whether a person has a real,
personal stake in the outcome of the case
Case or controversy - Answers Courts only resolve real disputes (not hypothetical or speculative)
Common law - Answers Judge made, follows customs and precedent, law derived by courts
Stare decisis - Answers A doctrine saying that once a court makes a common law, later courts must
follow the case law
Precedent - Answers Decisions made by courts of equal or higher authority, mostly followed in our
judicial system
Constitutionalism - Answers Idea that the Constitution is the highest law in the land
Natural law - Answers Higher eternal law, seen as 'basic to human conduct,' inherent
Positive law - Answers Used to regulate ordered society (e.g., stop signs)
Preemption - Answers The idea that one law dominates over another
Gerrymandering - Answers Drawing congressional districts in a way that favors one political party over
the other
Federalism - Answers Division of power among levels of government
Police power - Answers The significant powers that states retain to enact various laws (established
under the 10th amendment of the Constitution)
Separation of powers - Answers Idea of checks and balances and that power is distributed among
three branches of government (judicial, legislative, executive)
Initiative - Answers Measure taken straight to the ballot to be voted on by the people
Plaintiffs - Answers Bring suit
Defendants - Answers Defend suit
Damages - Answers What is awarded/what plaintiff is seeking
Civil dispute - Answers What individuals could bring to court
Criminal dispute - Answers What the state brings to court
Equity dispute (action in equity) - Answers Asking for one of the following + is not subject to jury trial
Injunctions - Answers Order to stop what you're doing
Specific performance - Answers Order to do something
Motion - Answers Request for court/judges to do something
Discovery - Answers Process during a case where parties use a variety of methods to learn facts about
the dispute
Deposition - Answers Questioning under oath by other party's attorney
Summary judgment - Answers A court decision made without a full trial because there's no real
dispute about the key facts, and the law clearly favors one side
Interrogatories - Answers Written questionnaires sent to other party that must be answered under
oath.
Appeal - Answers Request for review by a court higher up the chain.
Motion to dismiss - Answers Can be made during case, after arguments made - asking court to dismiss
case.
Remand - Answers When the appellate court sends a case back down to lower courts with new
instructions/issues to reconsider.
Jurisdiction - Answers The power of the court to do what you ask it to do.
Personal jurisdiction - Answers The power to hear a certain party's case.
Subject matter jurisdiction - Answers The power to hear certain type of case.
Limited jurisdiction - Answers Idea that courts can only hear certain disputes.
Exclusive jurisdiction - Answers Idea that only one type of court can hear a case.
Concurrent jurisdiction - Answers When different types of courts have jurisdiction.
General jurisdiction - Answers Idea that a court can hear several different types of disputes.
Removal - Answers Process where defendant can remove a case from state court to federal court.
Venue - Answers Most appropriate place to try a case; it can be changed/moved.
Service - Answers Process of 'serving' the defendant; need summons and complaint.