Exam 51: Legal Terminology: Understanding Criminal and Civil Law Systems

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -rescission

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -equity

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -default judgment

Match the following: a.Mental fault;the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime,including the wrongful physical act.d.Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.e.A statement by an agency of general or particular applicability designed to implement,interpret,or process law or policy.f.The duty of care required to avoid being negligent;fictitious individual who is always careful,diligent,and prudent.g.Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.j.The crime of taking another's property by a person who was in lawful possession of it.k.The crime of entering a building with the intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong,such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Division of governing power between the federal government and the states.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a ple a.y.Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact. -preemption

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -criminal law

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -special verdict

Match the following: a.Mental fault;the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime,including the wrongful physical act.d.Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.e.A statement by an agency of general or particular applicability designed to implement,interpret,or process law or policy.f.The duty of care required to avoid being negligent;fictitious individual who is always careful,diligent,and prudent.g.Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.j.The crime of taking another's property by a person who was in lawful possession of it.k.The crime of entering a building with the intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong,such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Division of governing power between the federal government and the states.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a ple a.y.Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact. -federalism

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -discovery

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -deposition

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -demurrer

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -distributive justice

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -injunction

Match the following: a.Mental fault;the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime,including the wrongful physical act.d.Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.e.A statement by an agency of general or particular applicability designed to implement,interpret,or process law or policy.f.The duty of care required to avoid being negligent;fictitious individual who is always careful,diligent,and prudent.g.Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.j.The crime of taking another's property by a person who was in lawful possession of it.k.The crime of entering a building with the intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong,such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Division of governing power between the federal government and the states.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a ple a.y.Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact. -arraignment

Match the following: a.Mental fault;the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime,including the wrongful physical act.d.Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.e.A statement by an agency of general or particular applicability designed to implement,interpret,or process law or policy.f.The duty of care required to avoid being negligent;fictitious individual who is always careful,diligent,and prudent.g.Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.j.The crime of taking another's property by a person who was in lawful possession of it.k.The crime of entering a building with the intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong,such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Division of governing power between the federal government and the states.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a ple a.y.Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact. -nuisance

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -writ of certiorari

Match the following: a.Mental fault;the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime,including the wrongful physical act.d.Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.e.A statement by an agency of general or particular applicability designed to implement,interpret,or process law or policy.f.The duty of care required to avoid being negligent;fictitious individual who is always careful,diligent,and prudent.g.Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.j.The crime of taking another's property by a person who was in lawful possession of it.k.The crime of entering a building with the intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong,such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Division of governing power between the federal government and the states.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a ple a.y.Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact. -burglary

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -sanctions

Match the following: a.Motion that the complaint be dismissed for failure to state a claim upon which the court may grant relief.b.Jury's specific written findings on each factual issue.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.The decision of an arbitrator.e.The initial pleading in a case in which the plaintiff states her claim and supporting facts and a demand for relief.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Written questions used in preparation for a trial to obtain sworn answers from the opposing party.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Pretrial sworn testimony of an opposing party or other witness,taken out of court.l.Authority of a court over the parties to a lawsuit in contrast to authority over their property.m.Authority of a court to hear a case based on claims against property.n.Examination of potential jurors by the parties' attorneys or the judge.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal,written,responsive statements by each side to a lawsuit,stating claims and defenses.q.To send back to a lower court for further proceeding.r.Final,binding determination on the merits made by a judge before trial.s.The particular geographical place where a court with jurisdiction may hear a case.t.Petition for discretionary review by a higher court. -summary judgment

Match the following: a.Person who files a lawsuit in a trial court.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which,if violated,constitute a wrong against the entire community.g.Person against whom a lawsuit is brought.h.A body of law based upon principles distinct from common law and providing remedies not available at common law.i.A court order requiring a party to do or refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Theory which seeks to analyze the type of society that people in a "natural state" would establish if they could not determine in advance whether they would be talented,rich,healthy,or ambitious relative to other members of society.l.Rules for enforcing legal rights and duties.m.Theory under which individuals look to a central authority to guide their decisions.n.An equitable remedy rewriting a contract to conform to the original intent of the parties.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided by that or a superior court in prior,substantially similar cases.s.Basic law that creates,defines,and regulates legal rights and duties.t.Means by which the law enforces court decisions. -specific performance

Match the following: a.Mental fault;the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime,including the wrongful physical act.d.Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.e.A statement by an agency of general or particular applicability designed to implement,interpret,or process law or policy.f.The duty of care required to avoid being negligent;fictitious individual who is always careful,diligent,and prudent.g.Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.j.The crime of taking another's property by a person who was in lawful possession of it.k.The crime of entering a building with the intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong,such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Rule of circumstantial evidence permitting a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Division of governing power between the federal government and the states.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a ple a.y.Intentional conduct that places another person in apprehension of immediate bodily harm or offensive contact. -actus reus