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Intro to law for paralegals
Studying
252
Law
03/04/2013

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Term
Define "Fact bound"
Definition
When even a minor change in the facts can change the outcome
Term
Define "cause of action"
Definition
A claim that is based on the law and the facts are sufficient to support a lawsuit
Term
Define "Legal research"
Definition
The process of finding the law
Term
Define "Legal reasoning"
Definition
The application of legal rules to a client's specific factual situation
Term
Define "stare decisis"
Definition
The doctrine stating that normally once a court has decided one way on a particular issue in the past, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given a similar set of facts unless they can be convinced of th need for change
Term
Define "precedent"
Definition
One or more prior court decisions
Term
Define "analogous"
Definition
Similar
Term
Define "distinguishable"
Definition
Different
Term
Define "legal writing"
Definition
Examples include case briefs, law office memoranda, and documents filed with the court
Term
Define "litigation"
Definition
A lawsuit
Term
Define "pleadings"
Definition
The papers that begin a lawsuit, generally the complaint
Term
Define "Discovery"
Definition
The modern pretrial procedure which one party gains information from adverse party
Term
Why does the study of law involve more than simply memorizing rules?
Definition
The study of law involves more than simply memorizing rules because laws constantly change
Term
What is legal reasoning"
Definition
The application of legal rules to a client's specific factual situation
Term
What is the doctrine of "stare decisis" and why is it important?
Definition
The doctrine of stare decisis is a doctrine saying that if a court makes a certain ruling on a certain case that it will normally make the same to similar.. and also including courts within the jurisdiction.
Term
Why is it important to know whether a client's facts are analogous to or distinguishable from those in prior court decisions?
Definition
It is important to know whether or not a client's facts are analogous or distinguishable because it will help firms determine the success of a case
Term
What is cause of action? What does it mean to say that a person does not have a valid cause of action?
Definition
Cause of action is a claim based on the law and the facts are suffienct to support a lawsuit. When a person doesn't have a valid cause of action they are making a claim that isn't backed up by the law.
Term
Why is there no one "right" answer to a legal problem?
Definition
There is no one "right" answer to a legal problem because there are two different viewpoints
Term
Should it be the attorney or the paralegal who signs a client letter that analyzes the law? Why?
Definition
The attorney should sign the client letter because they are the ones with the education level to be responsible for the information that is being provided.
Term
Define "case brief"
Definition
Summarize specific court decisions to assist with analyzing
Term
Define "law office memorandum"
Definition
Unbiased analysis of a clients case for use within a law firm
Term
Define "appellate brief"
Definition
Written to persuade an appeals court of the merits of the clients case.
Term
Define "contract"
Definition
Legally binding agreement that creates an obligation to do or refrain from doing something.
Term
What are the names of the two major paralegal associations?
Definition
NALA & NFPA.. National Association of Legal Assistants and National Federation of Paralegal Associations
Term
How do traditional paralegals differ from freelance paralegals?
Definition
Traditional paralegals work out of an office and are loyal to one firm, freelance pick and choose who they want to work with and have multiple cases
Term
How do freelance paralegals differ from legal technicians?
Definition
Freelance = Has legal supervision, legal tech = no supervision
Term
T/F Paralegal and legal assistant are usually seen as synonymous terms?
Definition
True
Term
T/F The term independent paralegal can sometimes refer to freelance paralegals and sometimes to legal technicians.
Definition
True
Term
What are the requirements for becoming an attorney?
Definition
ABA-accredited Bachelors degree, passing of state bar exam, and licensed
Term
What's the requirements to become paralegal?
Definition
None
Term
When did formal education begin?
Definition
Late 1960s - early 1970
Term
What role does ABA play in paralegal education?
Definition
By offering formal standards, education and a leg up on people who are not qualified through ABA
Term
What is involved in the process of registration?
Definition
Process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Term
What are the major differences between certification and licensure?
Definition
certification means someone completed formal paralegal program and licensure refers to governmental agencies coming up with standards to only employ with those that meet them.
Term
Who has the right to use the title Certified Legal Assistant?
Definition
Only if they completed the requirements of NALA's voluntary certification program.
Term
What are 3 ethical issues of which paralegals must be particularly aware?
Definition
Paralegals cannot give legal advice, attorneys and staff must respect confidentiality of client-attorney relationship, clients expect attorneys to be loyal to them
Term
What are the 4 basic tasks that most paralegals perform?
Definition
communications, research, drafting, and case management.
Term
What is the differences among a partnership, a professional corporation, and a limited liability partnership?
Definition
Partnership- work coop on case taken by firm. one is associate and one is partner.
Professional corporation-limits attorneys' financial liability
Limited liability partnership- partnership without partner assuming liability for each others' actions
Term
What is the difference between a sole proprietorship and an office-sharing arrangement?
Definition
Sole proprietorship- lawyer owns all of assets of business and receives profits and loss.
Office sharing- 2 or more attorneys share office, receptionist, etc.
Term
ABA stands for?
Definition
American Bar Association
Term
NALA stands for?
Definition
National Association of Legal Assistants
Term
NFPA stands for?
Definition
National Federation of Paralegal Associations
Term
Define legal clerk
Definition
law student or recent law graduate who hasn't passed the bar exam
Term
define document clerk
Definition
someone who organizes and files documents.
Term
Define pro bono
Definition
Legal representation for free
Term
Define pro se
Definition
handle case without lawyer
Term
Define investigators
Definition
former law enforcement
Term
What are the two functions?
Definition
1- Establish an organizational structure that allocates governmental powers.
2- Provides framework within all our laws are made
Term
What is the power of judicial review and why is it so important to our legal system?
Definition
Courts power to review statutes o decide if they conform to the federal or state constitution
Term
Why do constitutions and statutes frequently include ambiguous language?
Definition
It was written 200 years ago, results of sloppy draftsmanship, or may be intentionally inserted to avoid creating conflict.
Term
How do courts become involved in the legislative process?
Definition
If they disagree with a statute, Congress will amend them.
Term
Who has the final say as to what a statute means, the legislature or the courts?
Definition
courts
Term
Who has the final say as to the constitutionality of a statute, the legislature or the courts?
Definition
corts
Term
How are statutes and administrative regulations similar? How do they differ?
Definition
They are both laws. Statutes are enacted by state legislature or by Congress. Regulations are a law promulgated by admin agency
Term
Why are admin agencies referred to as the fourth branch of gov't
Definition
They combine legislative, executive, and judicial functions
Term
What impact did the Norman Conquest have on the American Legal system?
Definition
Introduced the infusion of French and Latin words into legal vocab and created new method for problem solving
Term
What is the common law?
Definition
Law created by the courts
Term
Why were equity courts created? And what special powers were they given?
Definition
When money is not what the litigant wants. Such as injunction.. perform certain act or cease specific act
Term
Define jurisprudence
Definition
Study of law and legal philosophy
Term
Define natural law
Definition
philosophy that there are ideal laws that can be discovered thru careful thought and humanity's innate sense of right and wrong
Term
Define legal positivism
Definition
Theory that validity of a law is determined by the process that it was made rather than degree that it reflects natural law principles
Term
Define legal formalism
Definition
Theory that views law as complete and autonomous system of logically consistent principles that judges find correct result from making logical deductions
Term
Define legal realism
Definition
Philosophy that judges decide cases based on factors other than logic and pre existing rules like other factors
Term
Define originalism
Definition
Approach to constitutional interpretation that says text of Constitution means exactly as it says
Term
Define evolutionary approach
Definition
Constitutional approach that judges seek underlying purpose that drafters had in mind at the time they wrote the law
Term
Define constitutional law
Definition
Principles and rules that are either expllicitly state in, or from Constitution and individual states
Term
Define separation of powers
Definition
Division of power among legislative, executive, and judicial brances
Term
Define checks and balances
Definition
Division in branches that acts as a check on the power of the other two maintaining a blance
Term
Define federalism
Definition
system that authority to govern is split between a single, nationwide central gov't and several regional gov'ts that control geographical areas
Term
Define power of judicial review
Definition
Courts power to review statutes to decide if they conform to the federal or state constitution
Term
define statute
Definition
law enacted by state legislature or by Congress
Term
define administrative law
Definition
rules and regs created by administrative agencies
Term
define regulation
Definition
law promulgated by an administrative agency
Term
Define enabling act
Definition
statute establishing and setting out the powers of an admin agency
Term
define injunction
Definition
court order requiring a party to perform a specific act or to cease doing a specific act
Term
What are the 3 different ways that attorneys categorize the law?
Definition
Federal/State law, Civil/Criminal law, Substantive/Procedural law
Term
What is the difference between substantive and procedural law?
Definition
substantive law is the legal rights and duties
procedural law is rules that govern how legal system operates
Term
In terms of the type of harm caused, what is the difference between civil and criminal law?
Definition
civil is harm to person
criminal is harm to society
Term
What is federalism
Definition
our governent.. division of powers etc
Term
T/f Every state must have the same laws regarding gambling. Why?
Definition
False. Each state has the power to create laws they deem appropriate regarding health, safety, moral, etc
Term
What does it mean to say that the fed govt is a govt of limited powers?
Definition
Congress must have authority from Constitution to use their powers
Term
Why are some areas of the law preempted by the fed govt?
Definition
the fed govt prevents state and local govt from making laws that interfere with fed govt
Term
When is burden of proof beyond a reasonable doubt and when is it preponderance of evidence
Definition
beyond a reasonable doubt means it's almost 100% and preponderance of evidence is more than likely
Term
What two basic elements must be established for the govt to prove prima facie case in a criminal case
Definition
mens rea - bad intent
actus reus - bad act
Term
why can the same act constitute several different crimes
Definition
can be charged with civil act and criminal act
Term
what are the two basic defense to a criminal action
Definition
justifies the act (self defense) and negates requisite intent (insanity)
Term
in a criminal case, does the govt or the defendant present its case first? why
Definition
govt
Term
what is the general definition of a civil cause of action
Definition
claim based on law and facts are sufficient to support the lawsuit
Term
what are the 3 types of damages in a civil case?
Definition
compensatory, punitive, and nominal
Term
what must be present for a contract to be valid?
Definition
an offer and acceptance of offer
Term
what's the basic difference between contract and a gift?
Definition
contract is 2 sided, gift law is 1 sided
Term
main 3 areas of a tort law
Definition
intentional, negligent, and strict liability
Term
gen def of negligence and list elements necessary to prove prima facie case
Definition
failure to act reasonably under circumstances.. need bad intent and bad act
Term
main defenses to negligence
Definition
contributory negligence and assumption of risk
Term
define doctrine of implied powers
Definition
powers not state in constitution but are necessary for congress to carry out
Term
define affirmative defense
Definition
defendant offers new evidence to avoid judgement
Term
define sovereign immunity
Definition
prohibits suing the govt without govts consent
Term
define constructive
Definition
not factually true but accepted by courts as being legally true
Term
define legal fiction
Definition
assumption that something is real - when it is not in fact real
Term
define tort law
Definition
harm to person or persons property
Term
define intentional tort
Definition
committed by one who intends to do the act that creates the harm
Term
define strict liability
Definition
liability without showing a fault
Term
define substantive law
Definition
law that creates rights and duties
Term
define procedural law
Definition
law that regulates how the legal system operates
Term
What are the two basic functions of trial court
Definition
determine whose facts are credible and then apply law to those facts
Term
What's the diff between question of law and question of fact
Definition
question of law is relating to the interpretation or application of the law and question of fact is who what when where how
Term
What's the difference between bench and a jury trial
Definition
bench trial the judge decides whereas the jury trial decides by jury
Term
What will an appellate court do if it finds that the trial court made a harmless error?
Definition
allows decision to stand
Term
what is the difference between reversing and remanding a case?
Definition
reversing a case is over ruling the case, remanding the case is forcing a retry
Term
how do majority, dissenting, and concurring opinions differ from each other
Definition
majority opinion means they agree completely, concurring is agree with outcome but not reason and dissenting is disagree
Term
major differences between trial and appellate courts
Definition
trial courts are the initial reviewer of the case and appellate courts are the court reviews how the trial court saw the case
Term
Name for highest appellate court
Definition
us supreme court
Term
name for intermediate appellate court
Definition
us court of appeals
Term
name for trial courts
Definition
us district courts
Term
if you hear that cert. has been denied in a case, what does it mean?
Definition
it is for the writ of certiorari and it means that the request to gain an appellate review was denied
Term
in the federal system, what are the inferior courts?
Definition
all courts that arent supreme court
Term
t/f in every state the highest appellate court is called the supreme court
Definition
false
Term
what are the 2 major grounds for gaining federal court jurisdiction
Definition
federal question jurisdiction and diversity jurisdiction
Term
define jurisdiction
Definition
the power of the court to hear the case
Term
define trial courts
Definition
courts that determine the facts and apply law to facts
Term
define appellant or petitioner
Definition
the party in a case who initiated an appeal
Term
define appellee or respondant
Definition
the party in a case who an appeal has been filed
Term
define general jurisdiction
Definition
court power to hear any type of case arising within its geographical area
Term
define limited jurisdiction
Definition
courts power to hear only specialized cases
Term
define subpoena
Definition
court order requiring a person to testify at trial or desposition
Term
define en blanc
Definition
when an appellate court normally sits in panels sits as a whole
Term
define constitutional court
Definition
court established by article iii of us constitution
Term
define legislative courts
Definition
court created under congress' article i powers
Term
define court of record
Definition
court where permanent record is kept of the testimony, lawyers remarks, and judges rulings
Term
define general jurisdiction
Definition
courts power to hear any type of case arising within geographical area
Term
define limited jurisdiction
Definition
courts power to hear only special cases
Term
define exclusive jurisdiction
Definition
when only one court has the power to hear a case
Term
define concurrent jurisdiction
Definition
when more than one court has jurisdiction to hear case
Term
define federal question jurisdiction
Definition
power of fed courts to hear matters of federal law
Term
define diversity jurisdiction
Definition
power of fed courts to hear matters of state law if both parties are of diff states and money exceeds 75k
Term
define removal
Definition
transfer of case from one state court to another or from state court to fed court
Term
what are the most common forms of ADR
Definition
arbitration, mediation
Term
what types of disputes are best suited to resolution through ADR
Definition
more civil issues
Term
what proponents of ADR see as the advantages of ADR over traditional litigation?
Definition
expenses, image, time
Term
what are the three basic stages of civil litigation
Definition
pleadings, pretrial motions, discovery
Term
what are the most common forms of ADR
Definition
arbitration, mediation
Term
what types of disputes are best suited to resolution through ADR
Definition
more civil issues
Term
what proponents of ADR see as the advantages of ADR over traditional litigation?
Definition
expenses, image, time
Term
what are the three basic stages of civil litigation
Definition
pleadings, pretrial motions, discovery
Term
define pleading in the alternative
Definition
including more than 1 count in a complaint; counts do not need to be consistent
Term
define verification
Definition
affidavit signed by client indicating that they have read the complaint and that its contents are correct
Term
define summons
Definition
notice informing defendant of the lawsuit
Term
define count
Definition
in a complaint, one cause of action
Term
define service
Definition
delivery of a pleading or other paper in a lawsuit to the opposing party
Term
define notice
Definition
being informed of some ac done or about to be done
Term
define affirmative defense
Definition
defense that the defendant offers new evidence to avoid judgement
Term
define default judgement
Definition
judgement entered against a party who fails to complete a required step, such as answering the complaint
Term
define motion
Definition
request made to court
Term
define 12b motion
Definition
request that court find the plaintiff has failed to state a valid claim and dismiss the complaint
Term
define rule 56 motion. summary judgement momtion
Definition
request that court grant favor of the moving party bc there is no genuine issue
Term
define interroagatories
Definition
written questions sent by one side to the opposing side, answered under oath
Term
define desposition
Definition
pretrial oral questioning of a witness under oath
Term
define deponent
Definition
person who is being asked questions at a deposition
Term
define motion in limine
Definition
request that the court order that certain info not be mentioned in the presence of the jury
Term
define peremptory challenge method
Definition
method for excusing a prospective juror, no reason need to be given
Term
define challenge for cause
Definition
method for excusing a prospective juror based on the jurors in ability to serve in an unbiased manner
Term
define peremptory challenge
Definition
method for excusing a prospective juror; no reason need be given
Term
define direct examination
Definition
the questioning of your own witness
Term
define leading question
Definition
question that suggests the answer, generally leading question may not be asked during direct examination of witness
Term
define cross examination
Definition
the questioning of an opposing witness
Term
define direct verdict
Definition
verdict ordered by trial judge if the plaintiff fails to present a prima facie case or if defendant fails to present a necessary defense
Term
define pattern jury instructions
Definition
set of standardized jury instructions
Term
define verdict
Definition
the opinion of a jury on a question of fact
Term
define mistrial
Definition
trial ended by the judge bc of a major problem, such as prejudicial statement by one of the attorneys
Term
define judgement
Definition
the decision of the court regarding the claims of each side. it may be based on a jurys verdict
Term
define writ of execution
Definition
court order authorizing a sheriff to take property in order to enforce a judgement
Term
define a judgement notwithstanding the verdict
Definition
judgement NOV that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law
Term
define motion for a new trial
Definition
request that the court order a rehearing of a lawsuit because irregularities, such as errors or the court or jury
Term
define appellate brief
Definition
attorneys written argument presented to an appeals court, setting forth a statement of the law as it should be applied to the clients facts
Term
define clearly erroneous
Definition
standard used by appellate courts when reviewing a trial courts findings of fact
Term
define harmless error
Definition
trial court error that is not sufficient to warrant reversing the decision
Term
define reversible error
Definition
error made by the trial judge sufficiently serious to warrant reversing the trial courts decision
Term
define enacted law
Definition
formal govt enactments that lay down specific requirements or prohibitions in the form of constitutions, statutes, ordinances, and admin regs
Term
define citation
Definition
statutory citation is a formalized method for referring to a statues chapter or title and section numbers
Term
define slip laws
Definition
a form in which statues are published; they are printed individually at the time they are first enacted.
Term
define statutes at large or session laws
Definition
chronological publication of statutes at the end of a legislative session
Term
define code
Definition
compilation of fed or state statutes in which the statutes are organized b subject matter rather than by year of enactment
Term
define annotated statutes
Definition
privately published statutory code that features editorial features such as summaries of court opinions that have interpreted the statutes
Term
define statutory element
Definition
separable part of a statute that must be satisfied for the statute to apply
Term
define issue
Definition
when the law is applied to the clients facts and the result is not obvious, an issue is created
Term
define legislative intent
Definition
the purpose of the legislature at the time it enacted the statute
Term
define plain reasoning
Definition
method for interpreting statutes in which the ordinary meaning of the statutes language is examined
Term
define canons of construction
Definition
general principles that guide the courts in their interpretation of statutes
Term
define ejusdem generis
Definition
a canon on construction meaning "of the same class"
Term
define strict construction
Definition
an approach whereby the courts give a statute narrow interpretation
Term
define statute in derogation of the common law
Definition
a statute that changes the common law
Term
define remedial statute
Definition
statute enacted to correct a defect in prior law or to provide a remedy where non existed
Term
define liberal construction
Definition
an approach whereby the courts give a statute broad interpretation
Term
define legislative history
Definition
background documents created during the process of a bill becoming a statute
Term
define road map paragraph
Definition
intro paragraph listing issues to be discussed in the order they are to be discussed
Term
define transitions
Definition
technique used to help reader move from one thought to the net and or see the connections between them
Term
define concluding paragraph
Definition
final paragraph in a written legal analysis that summarizes the writers conclusions
Term
define code of federal regulations
Definition
CFR is a compilation of fed admin regs arranged by agency
Term
define originalism
Definition
approach to constitutional interpretation that narrowly interprets the text of the constitution
Term
define living constitution
Definition
judicial philosophy that seeks to interpret the constitution in light of existing societal values
Term
define judicial restraint
Definition
philosophy that supports a limited role for the judiciary in changing the law, including deference to the legislative branch
Term
define judicial activism
Definition
philosophy that supports an active role for the judiciary in interpreting the law
Term
define overrule
Definition
court in a later case changes the law so that the decision in the earlier case is no longer good law
Term
define case reporters
Definition
books that contain appellate court decisions. both official and unofficial reporters
Term
define appellant or petitioner
Definition
person who initiates an appeal
Term
define appellee or respondent
Definition
party in lawsuit whom an appeal has been filed
Term
define pinpoint cite
Definition
references to a particular page within an opinion
Term
define rule
Definition
in a case brief, the general legal principle in existence before the case began
Term
define holding
Definition
courts answer to the issue presented to it; new legal principle established by court opinion
Term
define narrow holding
Definition
statement of the courts decision that contains many of the cases specific facts, thereby limiting its future applicability to a narrow range of cases
Term
define broad holding
Definition
statement of courts decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases
Term
define black letter law
Definition
generally accepted legal princples
Term
define american jurisprudence second
Definition
am jur 2d general legal encyclopedia that summarizes the entire body of American law
Term
define corpus juris secundum
Definition
cjs wests law encyclopedia
Term
define treatise
Definition
book that summarizes, interprets, and evaluates the law
Term
define restatements
Definition
series of books, the restatements of the law, summarizing the basic principles of the common law, written by the american law institute
Term
define american law reports
Definition
AIR contains the full text of leading court opinions, followed by a discussion of the issue with references to cases from around the country.
Term
define annotated codes
Definition
statutes arranged by subject matter as well as editorial material, such as legislative history and summaries of court decisions interpreting the statutes
Term
define codification
Definition
process of organizing statutes by subject matter
Term
define subsequent case history
Definition
info about what happened procedurally to the litigation after the case cited.
Term
define treatment
Definition
how subsequent cases have affected the case you are sherpardizing. sometimes 1 letter word before shepards citation
Term
define shepardizing
Definition
process of using shepards citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions
Term
define citing case
Definition
case listed in shepards that cites your case
Term
define cited case
Definition
case you are shepardizing
Term
define on point
Definition
a term used to describe a case that is similar to another case
Term
define on all fours
Definition
term used to describe two cases that are almost identical, with similar facts and legal issues
Term
define evidence
Definition
the way a question of fact is established
Term
define assumption
Definition
a belief that justifies one in arguing a conclusion
Term
define deductive reasoning
Definition
form of logical reasoning based on a major premise, minor premise, and a conclusion
Term
define major premise
Definition
deductive reasoning, statement of a broad proposition that forms the starting point. in law, the statement of a legal rule that you can find in a statute or court opinion
Term
define minor premise
Definition
deductive reasoning, the second proposition which along with the major premise leads to the conclusion; in law, the minor premise consists of the clients facts
Term
define restatement of the law of torts, second
Definition
an authoritative secondary source written by a group of legal scholars, summarizing the existing common law as well as suggesting what the law should be
Term
define transferred intent
Definition
legal fiction that if a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B
Term
define libel
Definition
written defamation
Term
define defamation per se
Definition
remarks considered to be so harmful that they are automatically viewed as defamatory
Term
define malice
Definition
making a defamatory remark either knowing the material was false or acting with a reckless disregard for whether or not it was true
Term
define appropriation
Definition
an intentional unauthorized exploitative use of another persons personality name or picture for the defendants benefit
Term
define false light
Definition
intentional false portrayal of someone in a way that would be offensive to a reasonable person
Term
define loss of consortium
Definition
the loss by one spouse of the other spouses companionship services or affection
Term
define misfeasance
Definition
acting in an improper or wrongful way
Term
define misfeasance
Definition
failing to act
Term
define res ipsa ioquitur
Definition
"the thing speaks for itself" the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent
Term
define actual cause
Definition
also known as cause in fact, this is measured by the "but for" standard. but for the defendants actions the plaintiff would not have been injured
Term
define market share theory
Definition
legal theory that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown
Term
define proximate cause
Definition
once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability
Term
define contributory negligence
Definition
negligence by the plaintiff that contributed to his or her injury. normally it is a complete bar to the plaintiffs recovery.
Term
define last clear chance
Definition
the doctrine that states that despite the plaintiffs contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident
Term
define exculpatory clause
Definition
a provision that purports to waive liability
Term
define comparative negligence
Definition
a method for measuring the relative negligence of the plaintiff and the defendant with a commensurate sharing of the compensation for the injuries
Term
define strict liability
Definition
liability without having to prove fault
Term
define ultrahazardous activities
Definition
those activities that have an inherent risk of injury and therefore may result in strict liability
Term
define products liability
Definition
theory holding manufacturers and sellers liable for defective products when the defects make the productss unreasonably dangerous