PHILOSOPHY OF LAW
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HAND-OUTS
SPRING 2003





GLOSSARY
Proceeding - Verdict


Proceeding: The form and manner of conducting legal business before a court or judicial officer; the series of events constituting the process through which judicial action takes place.

Prosecution: Act of pursuing a lawsuit or criminal trial; Party initiating a criminal suit.

Proximate Cause: An event without which injury or damage would not have occurred and which is closely enough related to the occurrence of the injury to make it fair, reasonable, or just to hold the defendant liable for that injury.

Reasonable Person: A phrase used to refer to that hypothetical person who exercises those qualities of attention, knowledge, intelligence, and judgment which society requires of its members for the protection of its own interests and the interests of others.

Relief: That assistance, redress, or benefit sought by a person filing a complaint before a court.

Remedy: Means by which a right is enforced or the violation of a right is redressed or compensated.

Respondent: The party who contends against an appeal; the party who makes an answer to a complaint in an equity proceeding.

Reversal: The invalidation or setting aside of the contrary decision of a lower court.

Sentence: The punishment a court orders to be inflicted on a person convicted of a crime.

Statute: An act of a legislature, consistent with constitutional authority and in such proper form that it becomes the law governing the conduct to which it refers.

Strict Liability: Liability without proof of fault. In civil law, one who engages in activity that carries an inherent risk of injury is often liable for all injuries proximately caused by that activity; in criminal law, strict liability offenses (e.g. felony-murder) are those that do not require proof of criminal intent.

Subpoena: A court order compelling a witness to appear and testify in a proceeding.

Suit: Any proceeding before a court in which a person pursues that remedy which the law affords as redress for the injury that person has suffered.

Summary Judgment: A judgment in a civil suit, granted on the basis of the pleadings and prior to trial, holding that there is no genuine factual dispute between the parties regarding the legal issues involved and that the case need not therefore go before a jury.

Tort: Civil wrong or harm, other than a breach of contract, for which a court will provide a remedy.

Tortfeasor: One who commits a tort.

Trial: A judicial examination and determination of issues between parties to an action.

Verdict: The decision of a jury following a trial of a civil or criminal case.






Prepared: February 4, 2003 - 5:02:29 PM
Edited and Updated, February 5, 2003


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