Term
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Definition
| What was done in past cases |
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Term
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Definition
| Cases the court are allowed to hear |
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Term
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Definition
| Application to the Supreme Court to hear the case |
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Term
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Definition
| Outside of Court Testimony |
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Term
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Definition
| Written Out of Court Testimony |
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Term
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Definition
| Civil Wrong, NON Criminal- Aims to Compinsate or recover damages |
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Term
| Resonable Person Standards |
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Definition
| What a Normal Prudent person would do |
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Term
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Definition
| Giving a lot to the plaintiff just to make a point to the defendant |
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Term
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Definition
| Risk was a known part of the activity |
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Term
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Definition
| When an employee does something wrong, the corporate entity is also responsible |
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Term
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Definition
| When an employee does something out of the scope of their assigned duties |
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Term
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Definition
| When a plaintiff was somewhat at fault- 4 states hold this strictly |
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Term
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Definition
| The plaintiff receieves a certain amount of the recovery money compared to how much they contributed |
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Term
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Definition
| Court did not follow legal procedures- allowed to appeal the case |
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Term
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Definition
| Contract where participant releases legal action- only in certain states |
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Term
| Informed Consent Form/Agreement to Partcipate |
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Definition
| NOT A WAIVER! Permission & awareness of what nature activity is and any dangers |
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Term
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Definition
| Not doing background checks and having employee be at fault for a negligent act |
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Term
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Definition
| keeping an employee on staff even though they have shown negligent acts |
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Term
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Definition
| Participants and customers- people who were invited to be a part of an activity |
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Term
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Definition
| Permission to use the premise, using the propert |
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Term
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Definition
| Enters w/o Permission- only responsible if there was an INTENTIONAL neglect |
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Term
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Definition
| Inital request of the trial by plaintiff |
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Term
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Definition
| Officially telling the defendant that they are being brought to court |
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Term
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Definition
| The response to the complaint |
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Term
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Definition
| Doing research about the trail, Deposition & Interrogatory |
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Term
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Definition
| The actual court process; Civil Suits usually settle outside of the court |
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Term
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Definition
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Term
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Definition
| Only can be done if there were procedural problems with the trial |
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Term
| Functions of the Legal System |
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Definition
| Administer the laws, resolve conflicts, interpret law |
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Term
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Definition
| Non criminal, usually between people having disputes |
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Term
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Definition
| Covers US Constitution, 75,000 and in cases with people in Different States |
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Term
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Definition
| People are both with in state or have strong reps in state |
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Term
| Special Court/ Administration Courts |
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Definition
| Certain Issues, IRS, Bankruptcy |
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Term
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Definition
| Must have Writ of Certiorci, Appellate Jurisdiction |
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Term
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Definition
| Is a CIVIL wrong- Meant for Compensation from Injuries |
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Term
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Definition
| Accident- No intent to Act or Harm |
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Term
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Definition
| Purposeful- Intent to act and harm |
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Term
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Definition
| Straight Up Neglect- Intent to act no intent to harm |
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Term
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Definition
| Unintentional Tort- Falls below the standard of what should be done |
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Term
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Definition
| Duty, Breach of Duty, Causation, Damages |
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Term
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Definition
| Your relationship with the participant and your responsibilites to the participant |
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Term
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Definition
| Something that the provider did or did not do |
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Term
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Definition
| The physical act that did not meet the standards |
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Term
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Definition
| compensable bodily or emotional harm, economic loss, physical pain, emotional distress |
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Term
| 3 Parties that can be sued |
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Definition
| Employee, Administration, Corporate Entity |
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Term
| Express Assumption of Risk |
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Definition
| Written/ Verbal agreement to accept inherent risk |
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Term
| Implied Assumption of Risk |
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Definition
| Well known risks with related activity |
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Term
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Definition
| Release of Liability, the word Negligence, clear language, who is protected |
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Term
| Informed Consent Form vs Waiver |
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Definition
| Not a legal contract, gives nature of activty not excuse from accidents |
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Term
| Duty to Provide Emergency Care |
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Definition
| Be aware of risks, cpr certified people there, emergency procedure |
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