>> Chapter 1 – Key terms • Appellant: Appellant is the legal term used for a person or entity that appeals a ruling of a court or other authority in another jurisdiction. • Appellee: a person who is accused or appealed against • Binding authority: A Binding Authority is an agreement whereby an Insurer delegates underwriting authority to another party known as the Coverholder. The Coverholder is usually an Insurance Broker or Underwriting Agent and will act in all respects as the actual Insurer. • Case law: The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society • Civil law: The body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters. • Common law: Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. • Court of equity: a court having jurisdiction in equity or administering justice in accordance with the principles of equity • Criminal law: the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. • Plaintiff: The plaintiff is the person or group who is accusing another person or group of some wrongdoing. • Remedy at law: The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual. Chapter 2 – Key terms • Arbitration: Arbitration is a form of dispute resolution. Arbitration is the private, judicial determination of a dispute, by an independent third party. • Concurrent jurisdiction: Concurrent jurisdiction means that two different courts have the authority to hear the same case. • Diversity of citizenship: Diversity of citizenship is one of the factors that will allow a federal district court to exercise its authority to hear a lawsuit. It is a condition in which the parties to an action are of diverse state or national citizenship. • Federal question: Federal question jurisdiction is one of the two ways for a federal court to gain subject-matter jurisdiction over a case. Generally, in order for federal question jurisdiction to exist, the cause of action must arise under federal law. • In persona jurisdiction: This refers to the power that a court has to make a decision regarding the party being sued in a case • Rem jurisdiction: In rem jurisdiction is a legal term describing the power a court may exercise over property or a status “against a person over whom the court does not have in personam jurisdiction. • Long arm statue: Long-arm statute refers to the jurisdiction a court has over out-of-state defendant corporations. • Writ of certiorari: A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. Chapter 3 – Key terms • Affirmative Defense is part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges • Default judgement: A default judgment is a ruling granted by a court or judge. Default judgments arise in circumstances whereby one party to a suit has failed to perform a court-ordered action, and subsequently that failure has not only prevented the issue from being presented before the court but also results in the court settling the legal dispute in favor of the compliant party. • Deposition: A deposition is a formal written statement, made for example by a witness to a crime • Hearsay: Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts. Hearsay evidence is often inadmissible at trial. • Interrogatories: Interrogatories are written questions or requests for information that one party to a lawsuit submits to the other party. • Motion for summary Judgement: A motion for summary judgment is a request for the court to rule that the other party has no case, because there are no facts at issue. • Service of process: In order for a plaintiff to proceed with a case, he or she must notify the defendant of a pending action against him or her. Through service of process, the defendant can receive this important information. Chapter 4 – Key terms • Bill of Rights: The Bill of Rights is the first 10 Amendments to the Constitution. ... It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion • Commerce Clause: Commerce clause is the provision of the U.S. Constitution (Article I, Section 8) that authorizes Congress “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” • Due process clause: The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights. It states that no person shall be “deprived of life, liberty, or property without due process of law.” Usually, “due process” refers to fair procedures. • Establishment clause: The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. • Police powers: In the United States, state police power comes from the Tenth Amendment to the Constitution, which gives states the rights and powers "not delegated to the United States." States are thus granted the power to establish and enforce laws protecting the welfare, safety, and health of the public • Preemption: Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law • Probable cause: Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. • Search warrant: A search is generally unreasonable and illegal without a warrant, subject to only a few exceptions. To obtain a search warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified • Supremacy clause is a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary. • Symbolic speech: Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order. Chapter 8 – Key terms • Collective Mark: A collective mark is a type of trademark that may be registered and protected under the Lanham Act • Intellectual property: Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce • Copyrights: Copyright is the exclusive, legal right to produce, reproduce, sell or license, publish or perform an original work or a substantial part of it. • Dilution: Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness • Patent: A patent is an exclusive right granted for an invention, such as a product or a process. • Trade name: A trade name is any name under which you do business other than the current legal name on your corporate registration record. • Trade dress: Trade dress is a type of trademark law that extends to the configuration (design and shape) of a product itself. Like a trademark, a product's trade dress is legally protected by the Lanham Act. • Trademark: A trademark is any word, name, or symbol used in commerce to identify and distinguish a business's product or merchandise, and to indicate their source. • Trade secret: Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. >> Chapter 1 – Key terms • Appellant: Appellant is the legal term used for a person or entity that appeals a ruling of a court or other authority in another jurisdiction. • Appellee: a person who is accused or appealed against • Binding authority: A Binding Authority is an agreement whereby an Insurer delegates underwriting authority to another party known as the Coverholder. The Coverholder is usually an Insurance Broker or Underwriting Agent and will act in all respects as the actual Insurer. • Case law: The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society • Civil law: The body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters. • Common law: Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. • Court of equity: a court having jurisdiction in equity or administering justice in accordance with the principles of equity • Criminal law: the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. • Plaintiff: The plaintiff is the person or group who is accusing another person or group of some wrongdoing. • Remedy at law: The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual. Chapter 2 – Key terms • Arbitration: Arbitration is a form of dispute resolution. Arbitration is the private, judicial determination of a dispute, by an independent third party. • Concurrent jurisdiction: Concurrent jurisdiction means that two different courts have the authority to hear the same case. • Diversity of citizenship: Diversity of citizenship is one of the factors that will allow a federal district court to exercise its authority to hear a lawsuit. It is a condition in which the parties to an action are of diverse state or national citizenship. • Federal question: Federal question jurisdiction is one of the two ways for a federal court to gain subject-matter jurisdiction over a case. Generally, in order for federal question jurisdiction to exist, the cause of action must arise under federal law. • In persona jurisdiction: This refers to the power that a court has to make a decision regarding the party being sued in a case • Rem jurisdiction: In rem jurisdiction is a legal term describing the power a court may exercise over property or a status “against a person over whom the court does not have in personam jurisdiction. • Long arm statue: Long-arm statute refers to the jurisdiction a court has over out-of-state defendant corporations. • Writ of certiorari: A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. Chapter 3 – Key terms • Affirmative Defense is part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges • Default judgement: A default judgment is a ruling granted by a court or judge. Default judgments arise in circumstances whereby one party to a suit has failed to perform a court-ordered action, and subsequently that failure has not only prevented the issue from being presented before the court but also results in the court settling the legal dispute in favor of the compliant party. • Deposition: A deposition is a formal written statement, made for example by a witness to a crime • Hearsay: Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts. Hearsay evidence is often inadmissible at trial. • Interrogatories: Interrogatories are written questions or requests for information that one party to a lawsuit submits to the other party. • Motion for summary Judgement: A motion for summary judgment is a request for the court to rule that the other party has no case, because there are no facts at issue. • Service of process: In order for a plaintiff to proceed with a case, he or she must notify the defendant of a pending action against him or her. Through service of process, the defendant can receive this important information. Chapter 4 – Key terms • Bill of Rights: The Bill of Rights is the first 10 Amendments to the Constitution. ... It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion • Commerce Clause: Commerce clause is the provision of the U.S. Constitution (Article I, Section 8) that authorizes Congress “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” • Due process clause: The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights. It states that no person shall be “deprived of life, liberty, or property without due process of law.” Usually, “due process” refers to fair procedures. • Establishment clause: The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. • Police powers: In the United States, state police power comes from the Tenth Amendment to the Constitution, which gives states the rights and powers "not delegated to the United States." States are thus granted the power to establish and enforce laws protecting the welfare, safety, and health of the public • Preemption: Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law • Probable cause: Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. • Search warrant: A search is generally unreasonable and illegal without a warrant, subject to only a few exceptions. To obtain a search warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified • Supremacy clause is a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary. • Symbolic speech: Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order. Chapter 8 – Key terms • Collective Mark: A collective mark is a type of trademark that may be registered and protected under the Lanham Act • Intellectual property: Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce • Copyrights: Copyright is the exclusive, legal right to produce, reproduce, sell or license, publish or perform an original work or a substantial part of it. • Dilution: Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness • Patent: A patent is an exclusive right granted for an invention, such as a product or a process. • Trade name: A trade name is any name under which you do business other than the current legal name on your corporate registration record. • Trade dress: Trade dress is a type of trademark law that extends to the configuration (design and shape) of a product itself. Like a trademark, a product's trade dress is legally protected by the Lanham Act. • Trademark: A trademark is any word, name, or symbol used in commerce to identify and distinguish a business's product or merchandise, and to indicate their source. • Trade secret: Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. 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