Terms and Definitions: Chapter 5 (some are paraphrased)

Comity – The practice by which one court follows the decisions of another court on a like question, though not bound by the law of precedents to do so. Glossary.

Common Law – An ambiguous term. 1) A system of jurisprudence founded on principles of justice whist are determined by reasoning and administration consistent with the usage, customs and institutions of the people and which are suitable to the genius of the people and their social, political, and economic condition. The rules deduced from this system continually change and expand with the progress of society. 2) That system of law which does not rest its authority upon any express statutes, but derives its force and authority from universal consent and immemorial usage, and which is evidenced by the courts of law, technically so called, in contradistinction to those of equity and the ecclesiastical courts. Glossary.

Conflict of Laws – The variance between the laws of wo states or countries relating to the subject matter of a suit brought in one of them, when the parties to the suit, or some of them, or the subject matter, belong to the other. See also lex loci. Glossary.

Dictum – A statement, remark or observation in a judicial opinion not necessary for the decision of the case. Dictum differs from the holding in that it is not binding on the courts in future cases. Pg. 232 text. Barron’s pg. 143.

Doctrine of substituted judgment – To call into question the veracity of a witness’s statement by evidence to that effect. Barron’s pg. 236. Text pg. 235.

Ex post facto – An ex post facto law makes acts criminal that were not criminal at the time they were committed.

Foreign Law – Those enacted and in force in a foreign state, or country.

Forum – Lat. A court of justice; 1) The place where justice must sought. 2) Formerly, an open space in Roman cities, where the people assembled, markets were held, and the magistrates sat to conduct their business. Glossary.

Full faith and credit – The Constitution requires the states to cooperate with each other and binds them together into one nation. Pg. 250.

Guardian ad litem – A guardian that is appointed by the court to protect someone who is not able to protect them selves. Glossary.

Holding – Those points of law decided by a court to resolve a legal controversy constitute the holding of the case. The court holds that a certain rule of law applies to the given case and renders its decision accordingly. Pg. 232.

Impeach – 1) To charge a public official with crime or misdemeanor, or with misconduct in office. 2) To prove that a witness has a bad reputation for truth and veracity, and is therefore unworthy of belief. Glossary.

Lex fori – Where the action was instituted, in relation to contracts. Pg. 249.

Lex loci contractus – The law of the state where the last act necessary to complete the contract was done and which created a legal obligation. Pg. 250.

Lex loci delicti commissi – The tradition of the law is to apply the law of the place where the crime was committed – lex loci delicti commissi. Pg. 247.

Lex loci solutionis – Where the contract was to be performed. Pg. 249.

Police power – The power that resides in every sovereignty to pass laws for its internal regulation and government. Pg. 226.

Prima facie evidence – Proof of a fact or collection of facts, which creates a presumption of the exstence of other facts, or from which some conclusion may be legally drawn, but which presumption or conclusion may be discredited or overcome by relevant proof. Glossary.

Prospective effect – Means that the new rule will apply to all questions subsequently coming before the court and the lower courts. Pg. 236.

Res judicata – Once a valid judgment has been rendered in one state, the claims adjudicated cannot be re-litigated in another state. Pg. 250.

Retroactive effect – In relation to precedent, the decision controls the legal consequences of causes of action arising before the announcement of the decision.

Significant relationship rule – A court following the significant relationship rule can apply the law of the place that has the most significant contacts with the incident in dispute. Pg. 247.

Sovereignty – The supreme authority of an independent nation or state. Glossary.

Stare decisis – The tradition of the court of following a past judicial decision from an equal or superior court in cases where there is no law in affect. Pg. 230/231.

Supremacy clause – Under the supremacy clause, Congress can enact legislation that may supercede state authority and preempt state regulations. Pg. 227.