Jurisdiction
The power to speak law.
In Personam Jurisdiction
Personal Jurisdiction over any person or business that resides in a certain geographic area.
In Rem Jurisdiction
Jurisdiction over one thing.
Venue
Concerned with the most appropriate location for a trial.
Supremacy Clause
Provides that the Constitution, laws, and the treaties of the United States are "the Supreme Law of the Land.
Damages
Money sought as a remedy for a breach of contract or for a tortious act.
Injunctive Relief
a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Such an act is the use of judicial (court) authority to handle a problem, and is not a judgment f
Common Law
A body of general rules that applied throughout the entire english realm.
Equity
A branch of Law, founded on what might be described as notions of justice and fair dealing.
Stare Decis
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
Diversity Jurisdiction
(Diversity of Citizenship) This term applies whenever a federal court has jurisdiction over a case that does not involve a question of federal law.
Negotiation
In regard to dispute settlement (Alternative Dispute Resolution), a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. Also, in regard to instruments, the transfer of an instrument
Mediation
A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. the mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
Arbitration
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.
Contingency
An attorney's fee that is based on a percentage of the final award received by his or her client as a result of litigation.
Complaint
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the comment that, when filed with a court, initiates a lawsuit.
Equal Protection
The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that state governments treat similarly situated individual
Due Process
The provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.
Cost Benefit Analysis
A decision-making technique that involves weighing the costs of a given action against the benefits of the action.
Duty Based Ethics
Often are derived from revealed truths, such as religious precepts. They can also be derived through philosophical reasoning.
Utilitarianism
An approach to ethical reasoning in which ethically correct behavior is not related to any absolute ethical or moral values but to an evaluation of the consequences of a given action on those who will be affected by it. iIn utilitarian reasoning, a "good
Unpublished Court Opinions
Unpublished opinion refers to an opinion that the court has specifically designated as not for publication. These types of cases are not available for citation as precedent because the judges making the opinion deem the case as "less important". They are
Free Speech
A democratic form of government cannot survive unless people can freely voice their political opinions and criticize government actions or policies. Political speech, is thus a prized right, and traditionally the courts have protected this right fullest e
Defamation
Any published or publicly spoke false statement that causes injury to another's good name, reputation, or character.
Spam
Bulk, unsolicited (junk) e-mail.
Malware
Term that refers to any program that is harmful to a computer or, by extension, a computer user.
Conversion
The wrongful taking, using, or retaining possession of personal property that belongs to another.
Trespass (Land)
he entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.
Trespass (Property)
The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possion of his or her personal property.
Safe Web Act
This act is designed to help the Federal Trade Commission in their role to protect and assist U.S. consumers. It provides for the mutual exchange of information with foreign entities and the proceedings involved.
Negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
Negligence per se
An act (or failure to act) in violation of a statutory requirement.
Negligent Misrepresentation
Any manifestation through words or conduct that amounts to an untrue statement of fact made in circumstances in which a reasonable and prudent person would not have done(or failed to do) that which led to the misrepresentation. A representation made with
Standard of Care (Proximate Cause)
Legal Cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Standard of Care (Cause In Fact)
An act or omission without ("but for") which an event would not have occurred.
Inherently Dangerous Activities
Also known as abnormally dangerous activities; Strict liability for damages proximately caused by an abnormally dangerous, or ultra hazardous, activity is one application of strict liability.
Strict Liability
Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals or defective products.
Trademark
A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixed to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the common
Patent
A government grant that gives an investor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period. The word patent usually refers to some invention and designates either the instrument by which patent rights a
Copyright
The exclusive right of authors to publish, print, or sell an intellectual production for a monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including co
Burglary
The unlawful entry into a building with the intent to commit a felony. (Some state statues expand this to include the intent to commit any crime.)
Larceny
the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value.
Robbery
The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery.
Burden of Proof (Preponderance of Evidence)
A standard in civil law cases under which the plaintiff must convince the court that, based on the evidence presented by the court that, based on the evidence presented by both parties, it is more likely than not that the plaintiff's allegation is true.
Burden of Proof (Reasonable Doubt)
The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty "beyond and to the exclusion of every reasonable doubt." A reasonable doubt is one that would cause a prudent person t
Forgery
The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
Embezzlement
The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted.
Money Laundering
Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise--in effect, "laundering" the "dirty money.
Indictment
A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held.
Grand Jury
A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held.
Miranda Warnings
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Defenses
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking.
Hacker
A person who uses one computer to break into another. Professional computer programmers refer to such persons as "crackers.
Exclusionary Rule
In criminal procedure, a rule under which any evidence that is obtained in violation of the accuse's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be
Cyber-terror
Hackers who break into computers without authorization often commit cyber theft, but sometimes their principal aim is to prove how smart they are by gaining access to others' password-protected computers. Cyberterrorist's are hackers who, rather than tryi
RICO
Racketeer Influenced and Corrupt Organizations Act: Formed in 1970, in an effort to curb the entry of organized crime into the legitimate business world, Congress passed this act.
RICO States...
1. Use income obtained from racketeering activity to purchase any interest in an enterprise.
2. Acquire or maintain an interest in an enterprise through racketeering activity.
3. Conduct or participate in the affairs of an enterprise through racketeering
Lanham Act
Statutory protection of trademarks and related property is provided at the federal level. Established in 1946, Incorporates common law.
Federal Trademark Dilution Act
Amended Lanham act passed in 1995. Extended the protection available to trademark owner's by creating a federal cause of action for trademark dilution.
Duress
The wrongful threat of one person induces another person to perform an act that he or she would not have otherwise performed
Entrapment
Defense designed to prevent police officers or other government agents from encouraging crimes in order to apprehend persons wanted for criminal acts
Insanity
Difficult to determine. The person does not understand the extent of their actions and thee situation.
Criminal Procedural Steps
1) Arrest
2) Booking
3) Grand Jury
3.5)Preliminary Hearing
4) Indictment
4.5) Information
5) Arraignment
6) Plea Bargain
7) Guilty plea/Trial