Term
|
Definition
| The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes. |
|
|
Term
|
Definition
| The enforceable rules of conduct that govern the actions of buyers and sellers in market exchanges. |
|
|
Term
|
Definition
| The collection of legal interpretations made by judges. They are considered to be law unless otherwise revoked by a statutory law. Also known as common law. |
|
|
Term
|
Definition
| The body of laws that govern the rights and responsibilities either between persons or betwenn persons and their government. |
|
|
Term
|
Definition
| The collection of legal interpretations made by judges. They are considered to be law unless otherwise revoked by a statutory law. Also known as common law. |
|
|
Term
|
Definition
| The general limits and powers of a government as interpreted from its written constitution. |
|
|
Term
|
Definition
| A classification of law involving the rights and responsibilities an individual has with respect to the public as a whole. |
|
|
Term
|
Definition
| A law created to account for the variability of laws among states; serves to standardize the otherwise different interstate laws. |
|
|
Term
|
Definition
| A tool used by judges to make rulings on cases on the basis of key similarities to previous cases. |
|
|
Term
|
Definition
| Law that involves suits between private individuals or groups. |
|
|
Term
|
Definition
| Law that involves suits between private individuals or groups and their governments. |
|
|
Term
|
Definition
| Latin for "standing by the decision"; a principle stating that rulings made in higher courts are binding precedent for lower courts. |
|
|
Term
|
Definition
| The assortment of rules and regulations put forth by legislation. |
|
|
Term
|
Definition
| The response of the defendant to the plaintiff's complaint. |
|
|
Term
|
Definition
| A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court (either a trial court or a lower-level appelate court) when a losing party files for an appeal. Appellate courts do not hold trials but may request additional oral and written arguments from each party; they issue written decisions, which collectively constitute case law or the common law. |
|
|
Term
|
Definition
| A written legal argument, which a party presents to a court, that explains why that party to the case should prevail. |
|
|
Term
|
Definition
| A term used in the U.S. Constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution. |
|
|
Term
|
Definition
| A formal written document that begins a civil lawsuit; contains the plaintiff;s list of allegations against the defendant, along with the damages the plaintiff seeks. |
|
|
Term
|
Definition
| A claim made by the defendant against the plaintiff that is filed along with the defendant's answer. |
|
|
Term
| Court of Appellate Jurisdiction |
|
Definition
|
|
Term
| Court of Original Jurisdiction |
|
Definition
|
|
Term
|
Definition
| Judgment for the plaintiff that occurs when the defendant fails to respond to the complaint. |
|
|
Term
|
Definition
| The person, party, or entity against whom a civil or criminal lawsuit is filed in the court of law. |
|
|
Term
|
Definition
| A pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present. |
|
|
Term
|
Definition
| A ruling by the judge, after the plaintiff has presented her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff has failed to present the minimum amount of evidence necessary to establish his claim. |
|
|
Term
|
Definition
| The pretrial phase in a lawsuit during which each party requests relevant documents and other evidence from the other side in an attempt to "discover" pertinent facts and to avoid any surprises in the courtroom during the trial. |
|
|
Term
|
Definition
| The power of a court a court to require that a party (usually the defendant) or a witness come before the court; extends to the state's borders in the state court system and across the court's geographic district in the federal system. |
|
|
Term
|
Definition
| The power of the court over the property or status of an out-of-state defendant located within the court's jurisdiction area. |
|
|
Term
|
Definition
| A formal set of written questions that one party to a lawsuit asks the opposing party during the pretrial discovery process to clarify matters of evidence and help determine what facts will be presented at a trial in the case. |
|
|
Term
|
Definition
| The power of a court to hear cases and resolve disputes. |
|
|
Term
|
Definition
| A statute that enables a court to obtain jursidiction against an out-of-state defendant as long as the defendant has sufficient minimum contacts within the state, such as committing a tort or doing business in the state. |
|
|
Term
|
Definition
| A contrived or imitation trial, recruited by a jury selection firm, that attorneys sometimes use in preparing for a real trial in order to test theories, experiment with arguments, and try to predict the outcome of the real trial. |
|
|
Term
|
Definition
| In a civil case, a request made by either party that asks a judge or a court to issue an order in that party's favor. |
|
|
Term
| Motion for Judgment on the Pleadings |
|
Definition
| In a civil case, a request made by either party, after pleadings have been entered, that asks a judge or a court, to issue a judgment. |
|
|
Term
| Motion for Summary Judgment |
|
Definition
| In a civil case, a request made by either party that asks a judge or a court to promptly and expeditiously dispose of the case without trial. |
|
|
Term
|
Definition
| In a civil case, a request by the defendant that asks a judge or a court to dismiss the case because even if all the allegations are true, the plaintiff is not entitled to any legal relief. |
|
|
Term
|
Definition
| in a jury trial, the right of the plaintiff and the defendant in jury selection to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias. |
|
|
Term
|
Definition
| The process in which an officer of the court hands legal documents, such as a summons or complaint, to the defendant. |
|
|
Term
|
Definition
| The person or party who initiates a lawsuit (an action) before a court by filing a complaint with the clerk of the court against the defendants. |
|
|
Term
|
Definition
| An error of law that is so significant that it affects the outcome of the case. |
|
|
Term
|
Definition
| A meeting of the judge and the attorneys for both sides to narrow the issues for trial and identify witnesses for trial. |
|
|
Term
| Quasi In Rem Jurisdiction |
|
Definition
| A type of jurisdiction exercised by a court over an out-of-state defendant's property that is within the jurisdictional boundries of the court; applies to personal suits against a defendant in which the property is not the source of the conflict but is sought as compensation by the plaintiff. |
|
|
Term
|
Definition
| A response by the plaintiff to the defendant's counterclaim. |
|
|
Term
| Request to Produce Documents |
|
Definition
| In a lawsuit, a discovery tool that forces the opposing party to produce certain information unless it is privileged or irrelevant to the case. |
|
|
Term
|
Definition
| A measure of the readiness of a case for a decision to be made; designed to prevent premature litigation for a dispute that is insufficiently developed. |
|
|
Term
|
Definition
| The procedure by which a court delivers a copy of the statement of claim or other legal documents, such as a sumons, complaint, or subpoena, to a defendant. |
|
|
Term
|
Definition
| An unofficial jury, hired by a party in a legal case, that watches the actual trial and deliberates at the end of each day to give the attorney an idea of how the real jurors are reacting to the case. |
|
|
Term
|
Definition
| The legal right of a party to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged. |
|
|
Term
| Subject-Matter Jurisdiction |
|
Definition
| The power of a court over the type of case presented to it. |
|
|
Term
|
Definition
| A legal document issued by a court and addressed to a defendant that notifies him or her of a lawsuit and specifies how and when to respond to the complaint. |
|
|
Term
|
Definition
| A court in which most civil or criminal cases start when they first enter the legal system. |
|
|
Term
|
Definition
| The court with subject-matter and personal jurisdiction that is the most appropriate geographic location for the resolution of a dispute. |
|
|
Term
|
Definition
| The process of questioning potential jurors to ensure that the jury will be made up of nonbiased individuals. |
|
|
Term
|
Definition
| A Supreme Court order, issued after the Court decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case. |
|
|
Term
|
Definition
| Clause 3 of Article I, Section 8, of the U.S. Constitution, which authorizes and empowers Congress "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." |
|
|
Term
|
Definition
| Speech made by businesses about commercial matters, such as the sale of goods and services. |
|
|
Term
|
Definition
| Both the state and federal court systems have the power to render a binding verdict for this type of case. |
|
|
Term
|
Definition
| The clause in the U.S.Constitution that prohibits the government from unreasonably interfering with an existing contract. |
|
|
Term
|
Definition
| A restriction on states' authority that is implied in the commerce clause of the U.S. Constitution: The power given to Congress to enact legislation that affects interstate commerce ineffect prohibits a state from passing legislation that improperly burdens interstate commerce. |
|
|
Term
|
Definition
| A clause in the Fifth Amendment of the U.S. Constitution which provides that the government cannot deprive an individual of life, liberty, or property without a fair and just hearing. |
|
|
Term
|
Definition
| A clause in the Fourteenth Amendment of the U.S. Constitution that prevents states from denying "the equal protection of the laws" to any citizen. |
|
|
Term
|
Definition
| One of two provisions in the First Amendment of the U.S. Constitution that protect citizens' freedom of religion. It prohibits (1) the establishment of a national religion by Congress and (2) the preference of one religion over another or of religion over nonreligious philosophies in general. |
|
|
Term
|
Definition
| A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same subject matter. |
|
|
Term
|
Definition
| A system of government in which power is divided between a central authority and constituent political units. |
|
|
Term
|
Definition
| A clause in the First Amendment of the U.S. Constitution, whcih states that government (state and federal) cannot make a law "prohibiting the free exercise" of religion; has been interpreted as including absolute freedom to believe and freedom to act, which may face state restriction. |
|
|
Term
| Full Faith and Credit Clause |
|
Definition
| A clause in the U.S. Constitution mandating that each state must recognize, respect, and enforce the public records, legislative acts, and judicial decisions of the other states. |
|
|
Term
|
Definition
| A standard of review under which a law must be necessary to achieve a substantial, or important, government interest and must be narrowly tailored to that interest. |
|
|
Term
|
Definition
| The power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional. |
|
|
Term
|
Definition
| The power retained by each state pass laws that protect the health, safety, and welfare of its citizen. |
|
|
Term
|
Definition
| Speech that is used to support political candidates or referenda. |
|
|
Term
| Privileges and Immunities Clause |
|
Definition
| The clause in the U.S. Constitution which requires that each state grant citizens of other states the same legal benefits that it grants its own. |
|
|
Term
|
Definition
| The requirement that a government must use fair procedures before depriving a person of his or her lige, liberty or property. |
|
|
Term
|
Definition
| The lowest standard of review; requires that a law be designed to protect a legitimate state interest and be rationally related to that interest. |
|
|
Term
|
Definition
| A court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant. |
|
|
Term
|
Definition
| The most exacting standard of review used by the courts in determining the constitutionsality of a statute; requires a compelling government interest and the least restrictive means of attaining that objective. |
|
|
Term
|
Definition
| The requirement that laws depriving an individual of life, liberty, or property be fair and not arbitrary. |
|
|
Term
|
Definition
| Constitution and all laws and treaties of the United States constitute the supreme law of the land. Thus, any state or local law that directly conflicts with U.S. Constitution or federal laws or treaties is void. |
|
|
Term
|
Definition
| When government uses its power to take private property for public use, it must pay the owner the compensation, or fair market value, for the property. |
|
|
Term
|
Definition
| Latin for "guilty act"; a wrongful behavior that is associated with the physical act of a declared crime. |
|
|
Term
|
Definition
| A defendant's respnse to a plaintiff's claim in which the defendant attacks the plaintiff's legal right to bring the action rather than attacking the fact of the claim or making excuses for unlawful behavior. |
|
|
Term
|
Definition
| The first appearance in court by the defendant, at which the defendant is advised of the pending charges, the right to counsel, and the right to trial by jury and he or she enters a plea to the charge. |
|
|
Term
|
Definition
| The action in which the police, or a person acting under the law, seize, hold, or take an individual into custody. |
|
|
Term
|
Definition
| The crime of intentionally setting fire to another's property. |
|
|
Term
|
Definition
| A thing of value, such as a money bail bond or any other form of property, that is given to the court to temporarily allow a person's release from jail and to ensure his or her appearance in court. |
|
|
Term
|
Definition
| A trial before a judge, with the judgment decided by the judge rather than a jury; occurs when the defendant has waived his or her right to a jury trial. |
|
|
Term
|
Definition
| After an individual is arrested, the procedure of recording the name of the defendant and the alleged crime in the investigating agency's or police department's records. |
|
|
Term
|
Definition
| A corrupt and illegal activity in which a person offers, gives, solicits, or recieves money, services, or anything of value in order to gain an illicit advantage. |
|
|
Term
|
Definition
| To convict a defendant, the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove to the jury or court, beyond any reasonable doubt, that the defendant committed all the essential elements of the crime. |
|
|
Term
|
Definition
| A crime in which someone unlawfully enters a building with intent to commit a felony or theft. |
|
|
Term
|
Definition
| Any unlawful act or threat exercised on a person whereby the person is forced to enter into an agreement or to perform some other act against his or her will. |
|
|
Term
|
Definition
| A wrongful coversion of another's funds or property by one who i lawfully in possession of those funds or that property. |
|
|
Term
|
Definition
| A relatively common defense under which the defendant claims that he would not have committed the crime or broken the law if he had not been induced or tricked into doing so by law enforcement officials. |
|
|
Term
|
Definition
| A criminal offense in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm to his or her person, property, or reputation. |
|
|
Term
|
Definition
| A materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud. |
|
|
Term
|
Definition
| A serious crime, such as murder, rape, or robbery, that is punishable by imprisonment for more than one year or death. |
|
|
Term
|
Definition
| The fraudulent making or altering of a writing in a way that changes the legal rights and liabilities of another and with the intent to decieve or defraud. |
|
|
Term
|
Definition
| (1) An intentional deception that causes harm to another. (2) A basis for contesting a will if the testator relied on false statements when he or she made the will. |
|
|
Term
|
Definition
| A finding by the grand jury that there is evidence to charge the defendant and bring him or her to trial. |
|
|
Term
|
Definition
| A person who is not legally an adult (in most U.S. localities, a person under 18) and thus is considered to lack the mental capabilities of an adult. |
|
|
Term
|
Definition
| An affirmative defense which claims that the defendant had a severe mental illness when the crime was committed that substantially impaired his or her capacity to understand and appreciate the moral wrongfulness of the act. |
|
|
Term
|
Definition
| Illegal buying or selling of a corporation's securities by corporate insiders, such as officers and directors, on the basis of material, nonpublic information and in breach of a fiduciary duty or some other relationship of trust and confidence. |
|
|
Term
|
Definition
| An affirmative defense in which the defendant claims that she took the intoxicant without the awareness of its likely effect, mistook its identity, or was forced to ingest it and that it left her unable to understand that the act committed was wrong. |
|
|
Term
|
Definition
| The use of force that is necessary to prevent imminent death or great bodily harm to oneself or another or to prevent the imminent commission of a forcible felony. |
|
|
Term
|
Definition
| The unlawful taking, attempting to take, carrying, leading, or riding away of another person's property with intent to permanently deprive the rightful owner of the property. |
|
|
Term
|
Definition
| Same as strict liability. |
|
|
Term
|
Definition
| Latin for "guilty mind"; the mental state accompanying a wrongful behavior. |
|
|
Term
|
Definition
| The rights that are read to an arrested individual by a law enforcement agent before the individual is questioned about the commission of the crime. |
|
|
Term
|
Definition
| A crime that is less serious than a felony and is punishable by a fine and/or imprisonment for less than one year. |
|
|
Term
|
Definition
| (1) A mistake that is not caused by the neglect of a legal duty by the person committing the mistake but, rather, consists of unconscious ignorance of a past or present material event or circumstance. (2) An affirmative defense in which the defendant tries to prove that she or he made an honest and reasonable mistake that negates the guilty-mind element of the crime. |
|
|
Term
|
Definition
| An affirmative defense in which the defendant tries to prove that he or she was acting to prevent imminent harm and that there was no legal alternative to the action the defendant took. |
|
|
Term
|
Definition
| A plea in which the defendant does not admit guilt but agrees not to contest the charges. |
|
|
Term
|
Definition
| A group of 6 to 12 citizens who are summoned to court and sworn in by the court to hear evidence presented by both sides and render a verdict in a trial. |
|
|
Term
|
Definition
| A minor crime that is punishable by a small fine and/or imprisonment for less than six months in a jail. |
|
|
Term
|
Definition
| An agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty. |
|
|
Term
|
Definition
| Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a personal or property search, or obtain a warrant. |
|
|
Term
|
Definition
| The unlawful taking or attempted taking of personal property by force or threat of force and/or by putting the victim in fear. |
|
|
Term
|
Definition
| The liability or responsibility imposed on a person, a party, or an organization for damages caused by another; most commonly used in relation to employment, with the employer held vicariously liable for the damages caused by its employees. |
|
|
Term
|
Definition
| A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statement made, regardless of intent or knowledge of the falsity of the claim. |
|
|
Term
|
Definition
| The malicious and deliberate misuse or perversion of a legal procedure. |
|
|
Term
|
Definition
| In defamation, either a person's knowledge that his or her statement or published material is false or the person's reckless disregard for whether it was false. |
|
|
Term
| Appropriation for Commercial Gain |
|
Definition
| A privacy tort that occurs when someone uses a person's name, likeness, voice, identity, or other identifying characteristics for commercial gain without that person's permission. |
|
|
Term
|
Definition
| A civil wrong that occurs when one person intentionally and voluntarily places another in fear or apprehension of an immediate, offensive physical harm. |
|
|
Term
|
Definition
| A civil wrong that occurs when one person intentionally and voluntarily brings about a nonconsented harmful or offensive contact with a person or something closely associated with him or her. (Requires an actual contact) |
|
|
Term
|
Definition
| Money awarded to a plaintiff as reimbursement for her or his losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc. |
|
|
Term
|
Definition
| A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statements made without actual malice. |
|
|
Term
|
Definition
| Permenant interference with another's use and enjoyment of his or her personal property. |
|
|
Term
|
Definition
| A false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation. |
|
|
Term
|
Definition
| A business tort that occurs when a statement is intentionally used to defame a business product or service. |
|
|
Term
|
Definition
| The unlawful restraint of another against the person's will. |
|
|
Term
|
Definition
| A privacy tort that occurs when highly offensive information is published about an individual that is not valid or places the person in a false light. |
|
|
Term
|
Definition
| A tort that provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product. |
|
|
Term
| Fraudulent Misrepresentation |
|
Definition
| (1) The tort that occurs when a misrepresentation is made with intent to facilitate personal gain and with the knowledge that it is false. (2) In contracts, a false representation of a material fact that is consciously false and is intended to mislead the other party. |
|
|
Term
| Intentional Interference with Contract |
|
Definition
| The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract he or she has with another. |
|
|
Term
| Intentional Infliction of Emotional Distress |
|
Definition
| The tort that occurs when someone intentionally engages in outrageous conduct that is likely to cause extreme emotional distress to another person. |
|
|
Term
|
Definition
| A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels. |
|
|
Term
| Intrusion on an Individual's Affairs or Seclusion |
|
Definition
| A physical, electronic, or mechanical intrusion that invades someone's solitude, seclusion, or personal affairs when he or she has the right to expect privacy. |
|
|
Term
|
Definition
| A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two. |
|
|
Term
|
Definition
| A civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm. |
|
|
Term
|
Definition
| Monetary damages awarded to a plaintiff in a very small amount, typically 1 to 5 dollars, to signify that the plaintiff has been wronged by the defendant even though the plaintiff suffered no compensable harm. |
|
|
Term
|
Definition
| A nuisance that affects only a single individual or a very limited number of individuals. |
|
|
Term
| Public Disclosure or Private Facts |
|
Definition
| A privacy tort that occurs when a person publishes a highly offensive private fact, such as information about one's sex life or failure to pay debts, about someone who did not waive his or her right to privacy. |
|
|
Term
|
Definition
| A special right, immunity, or permission that allows people to make any statement about public figures, typically politicians and entertainers, without being held liable for defamation as long as false statements were not made with malice. |
|
|
Term
|
Definition
| Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish th defendant and deter such conduct in the future. |
|
|
Term
|
Definition
| A business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sale. |
|
|
Term
|
Definition
| A business tort that occurs when false published statements are related to the ownership of the business property. |
|
|
Term
|
Definition
| A civil wrong that occurs when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent. |
|
|
Term
|
Definition
| A violation of another person's rights or a civil wrongdoing that does not arise out of a contract or statute; primary types are intentional, negligent, and strict-liability torts. |
|
|
Term
|
Definition
| A person who commits an intentional or through-negligence tort that causes a harm or loss for which a civil remedy may be sought. |
|
|
Term
|
Definition
| A business tort that occurs when false printed statements criticize a business product or service and result in a loss of sales. |
|
|
Term
|
Definition
| The temporary interference with a person's use or enjoyment of his or her personal property. |
|
|
Term
|
Definition
| A tort that occurs when someone goes on another's property without permission or places something on another's property without permission. |
|
|
Term
|
Definition
| The act of competing with another not to make a profit but for the sole purpose of driving that other out of business. |
|
|
Term
| Wrongful Civil Proceedings |
|
Definition
| A tort in which one person wrongfully subjects another to criminal or civil litigation that has no justifiable basis. |
|
|
Term
|
Definition
| The determination that the defendant's breach of duty resulted directly in the plaintiff's injury. |
|
|
Term
|
Definition
| A defense whereby the defendant must prove that the plaintiff voluntarily assumed the risk that the defendant caused. |
|
|
Term
|
Definition
| A defense to negligence whereby the defendant can escape all liability by proving that the plaintiff failed to act in a way that would have protected him or her from an unreasonable risk of harm and that the plaintiff's negligent behavior contributed in some way to the plaintiff's accident. |
|
|
Term
|
Definition
| A regulation under which bartenders can be held liable for injuries caused by individuals who become intoxicated in their bars. |
|
|
Term
|
Definition
| A statute that exempts from liability a person, such as a physician passerby, who voluntarily renders aid to an injured person but negligently, but not unreasonably negligently, causes injury while rendering the aid. |
|
|
Term
|
Definition
| An act committed with extreme reckless disregard for the property or life of another person. |
|
|
Term
| Last-Clear-Chance Doctrine |
|
Definition
| A doctrine used by a plaintiff when the defendant establishes contributory negligence. If the plaintiff can establish that the defendant had the last opportunity to avoid the accident, the plaintiff may still recover, despite being contributorily negligent. |
|
|
Term
| Modified Comparative Negligence |
|
Definition
| In some states, a defense whereby the defendant is not liable for the percentage of harm that he or she proves can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible for less than 50 percent of the harm. |
|
|
Term
|
Definition
| A doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a statute that was designed to prevent the type of harm that the plaintiff incurred. |
|
|
Term
|
Definition
| Behavior that creates an unreasonable risk of harm to others. |
|
|
Term
|
Definition
| The extent to which, as a matter of policy, a defendant may be held liable for the consequences of his or her actions. |
|
|
Term
|
Definition
| Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct to the future. |
|
|
Term
| Pure Comparative Negligence |
|
Definition
| A defense accepted in some states whereby the defendant is not liable for the percentage of harm that he or she can prove can be attributed to the plaintiff's own negligence. |
|
|
Term
| Reasonable Person Standard |
|
Definition
| A measurement of the way members of society expect an individual to act in a given situation. |
|
|
Term
|
Definition
| A doctrine that allows a judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm even though there is no direct evidence of the defendant's lack of due care. |
|
|
Term
|
Definition
| Liability in which responsibility for damages is imposed regardless of the existence of negligence. |
|
|
Term
|
Definition
| An incident that simply could not be avoided, even with reasonable care. |
|
|
Term
|
Definition
| A defect that is found in all products of a particular design and renders them dangerous. |
|
|
Term
|
Definition
| Any description of a good's physical nature or its use, either in general or specific circumstances, that becomes part of the contract. |
|
|
Term
| Fails to Provide Adequate Warnings |
|
Definition
| A defect in which the product is not labeled to indicate that it can be dangerous. |
|
|
Term
| Implied Warranty of Merchantablitiy |
|
Definition
| An assurance, inferred in every sale unless clearly disclaimed, that merchantable goods will conform to a reasonable performance expectation. |
|
|
Term
| Implied Warranty of Fitness for a Particular Purpose |
|
Definition
| An assurance, inferred in any UCC sale, that when a seller/lessor knows or has reason to know (1) why the buyer/lessee is purchasing/leasing the goods and (2) that the buyer/lessee is relying on him or her to make the selection, the buyer/lessee has an enforceable warranty if such assurance is false. |
|
|
Term
|
Definition
| A defect in an individual product that makes the product more dangerous than other , identical products. |
|
|
Term
|
Definition
| A firm's fractional share of the relevant market. |
|
|
Term
|
Definition
| Under this, courts may hold the manufacturer, distributor, or retailer liable for any reasonably forseeable injured party. |
|
|
Term
|
Definition
| (1) An assurance, either express or implied, by one party that the other party can rely on its representations of fact. (2) In sales, a binding promise regarding a product in the event that the product does not meet the manufacturer's or seller's promises. |
|
|
Term
|
Definition
| The protection of the expression of a creative work. |
|
|
Term
|
Definition
| An illegal contractual arrangement in which two or more parties license each other to use their specified intellectual property only on the condition that neither licenses anyone else to use the property without the other's consent. |
|
|
Term
|
Definition
| The doctrine which provides for the lawful use of a limited portion of another's work for purposes of criticism, comment, news reporting, teaching, scholarship, or research. |
|
|
Term
|
Definition
| Intangible property that is the product of one's mind and not one's hands. |
|
|
Term
|
Definition
| Protection that grants the holder the exclusive right to produce, sell, and use the patented object for 20 years; can be obtained for a product, process, invention, or machine or a plant produced by asexual reproduction. |
|
|
Term
|
Definition
| The overall appearance and image of a product. |
|
|
Term
|
Definition
| A process, product, method of operation, or compilationof information that gives a business person an advantage over his or her competitors. |
|
|
Term
|
Definition
| A distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product an tends to cause consumers to identify the product with the producer. |
|
|
Term
|
Definition
| The use of a distinctive or famous trademark, such as "McDonald's," in a manner that diminishes the value of the mark. |
|
|
Term
|
Definition
|
|
