Legal Foundations
Before you can argue a case you have to know the board you are playing on. Law is not one thing โ it is a system of sources (constitutions, statutes, regulations and the decisions of judges) resolved through courts under rules about who bears the burden of proof and to what standard. This first set covers the vocabulary and structure every incoming law student is assumed to already understand: the difference between common and civil law, between criminal and civil matters, and the roles of the people in a courtroom.
Practice this set for free โ no account needed. Loads 14 flashcards into the learner. The learner asks it as shown here: phrase first, meaning second.
Practice in the free learnerHow to study this set
Do not just memorise definitions โ pair each term with a concrete example (a statute you know, a case in the news). Notice the contrasts the law is built on: common law vs civil law, criminal vs civil, plaintiff vs defendant. Learning the pairs together makes each one easier to recall.
All 14 flashcards
Swap question and answerCommon law and civil law
What are the two main legal traditions in the world?
Common law is built on judicial precedent (judge-made decisions); civil law is built on comprehensive written codes.
Stare decisis
In a common-law system, what is the doctrine that courts should follow precedent called?
Latin for โto stand by things decidedโ โ like cases should be decided alike, which makes the law predictable.
Criminal law addresses offences against society/the state; civil law resolves disputes between private parties
What is the core difference between criminal and civil law?
Criminal cases are brought by the government; civil cases are brought by individuals or organisations.
Beyond a reasonable doubt
What is the standard of proof in a criminal case?
It is the highest standard because a conviction can deprive a person of their liberty.
The balance of probabilities (also called preponderance of the evidence)
What is the usual standard of proof in a civil case?
The claim need only be shown to be more likely true than not โ over 50%.
A written law enacted by a legislature
What is a statute?
Statutes are primary legislation, distinct from judge-made case law and from regulations made by agencies.
Common law (case law)
What do we call law that is developed by judges through their decisions rather than enacted by a legislature?
A prior court decision that guides how similar later cases are decided
What is a precedent?
A courtโs authority to hear and decide a particular case
What is jurisdiction?
It can turn on the subject matter of the dispute or on the parties and territory involved.
The party who brings the claim
Who is the plaintiff in a civil lawsuit?
The party being sued is the defendant.
To bring the case against the accused on behalf of the state
What is the role of the prosecution in a criminal trial?
The Constitution
What is the supreme source of law in the United States legal system?
Statutes and case law must comply with it or be struck down.
The relief a court grants to a wronged party, such as damages or an injunction
What is a remedy in law?
The presumption of innocence
What is the presumption a criminal defendant enjoys until proven guilty?
The burden is on the prosecution to prove guilt, not on the accused to prove innocence.
What to learn next
With the foundations in place you are ready for the doctrines themselves. Level 2 moves into the core first-year subjects โ contracts, torts, criminal law and property โ where these terms start doing real work.
Continue to Level 2: Core 1L Doctrines โ