Term
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Definition
-plaintiff v. defendant
-money or court order at stake
-usually only 6 jurors
-"liable or not liable"
-must establish greater chance of liability then that of no liability |
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Term
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Definition
-prosecutor v defendant
-money/freedom at stake
-12 jurors
-"guilty or not guilty"
-must be guilty beyond a reasonable doubt |
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Definition
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Term
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Definition
| sue only for injuries experienced, not observed |
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Term
| federal jurisdiction (congress) |
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Definition
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Term
| 2 ways to get federal jurisdiction |
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Definition
1-federal question
2-diversity of citizenship
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Term
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Definition
| Was a federal law violated? |
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Term
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Definition
| -"match across the v, destroys diversity" |
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Term
| citizenship of unincorporated business |
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Definition
| determined by owners' citizenship |
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Term
| citizenship of corporation |
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Definition
-dual citizenship because it is an entity under law
-principle place of business and state of incorporation |
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Term
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Definition
-all must want it in federal case to remove
-if lawsuit is filed in one of the defendants state of citizenship, then case can't be removed |
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Term
| State jurisdiction (general assembly) |
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Definition
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Term
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Definition
-past into law
-can be found written down |
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Term
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Definition
-can't be found easily
-many borrowed from england |
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Term
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Definition
| case sent to federal court by defendant |
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Term
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Definition
| case sent to state court by federal judge |
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Term
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Definition
| when justice in supreme court sits out of a hearing because of conflict of interest |
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Term
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Definition
| to order to do something or not do something (money not involved) |
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Term
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Definition
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Term
| 3 steps to forming a contract |
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Definition
1-offer
2-acceptance
3-consideration |
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Term
| 2 results from counter offer |
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Definition
1-rejection of original
2-presentation of new |
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Term
| 2 types of exchange promises |
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Definition
1-bilateral contract
2-unilateral contract |
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Term
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Definition
-instant contract
-principle of pre-existing duty
-past consideration = new consideration
-"no recycling rule" |
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Term
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Definition
| not bound until act is completed |
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Term
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Definition
| one party's obligation to the other to make reasonable efforts to limit losses |
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Term
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Definition
| caused by someone's breach in contract and must be collected |
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Term
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Definition
1-intentional interference of contractural relations
2-intentional interference w/ business expectations
3-defamation
4-IIED
5-invasion of privacy
6-assault
7-battery
8-false imprisonment |
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Term
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Definition
false statement+injury+malice
written=libel
spoken=slander |
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Term
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Definition
| intent+severe mental anguish+outrageous conduct |
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Term
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Definition
| imminent expectation of offensinve and hurtful contact |
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Term
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Definition
| the contact associated with the assault |
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Term
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Definition
-should have known better
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Term
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Definition
1-duty
2-breach
3-causation
4-damages |
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Term
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Definition
1-intent
2-recklessness
3-negligence
4-strict liability |
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Term
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Definition
| conscious disreguard of conditions or circumstances |
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Term
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Definition
-if it happens, you are liable
-most common in consumer products harming people |
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Term
| modified comparative negligence |
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Definition
-shared liability among two sides
-only comes into play if defendant is more than 50% liable |
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Term
| 7 protected categories under Title 7 of 1964 civil rights act |
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Definition
1-age
2-sex
3-race
4-color
5-national origin
6-dissability
7-religion |
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Term
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Definition
| evidence that someone else of a different age/sex/race, etc. would be treated differently in a given situation |
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Term
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Definition
| established a fund strictly for employees injured at work |
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Term
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Definition
| no trial needed because of no dispute over material evidence |
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