Term
|
Definition
| investigation of the registration statement by someone who signs it |
|
|
Term
|
Definition
| "this for that"--refers to a form of sexual harassment in which some aspect of a job is made contingent upon sexual activity |
|
|
Term
|
Definition
| suit must be filed within specified time of actual cause of action |
|
|
Term
|
Definition
| stage in litigation in which each party seeks as much relevant information as possible about opposing party's case |
|
|
Term
|
Definition
| each partner is individually liable for his/her investment |
|
|
Term
|
Definition
| all members of a group are liable and must be sued together |
|
|
Term
| joint and several liability |
|
Definition
| all members of a group are liable; can be sued as a group, or one of them can be sued individually for the full amount owing |
|
|
Term
|
Definition
| earlier case that decided the same legal issue as that presently in dispute will control the outcome of the current case |
|
|
Term
|
Definition
| "let the decision stand"--basic principle of common law that means precedent is usually binding |
|
|
Term
|
Definition
| deals with individual rights, duties created by legislation and court decision---brought on by a victim |
|
|
Term
|
Definition
| deals with offenses against society (federal or state) created by legislation--brought on by the government |
|
|
Term
|
Definition
| criminal defendant may be prosecuted only once for a particular criminal offense |
|
|
Term
|
Definition
|
|
Term
|
Definition
| each party is responsible for their individual court/lawyer fees |
|
|
Term
|
Definition
| all court/legal fees can be shifted to the losing party once judgment is made |
|
|
Term
|
Definition
| damages--compensatory, punitive, nominal, liquidated |
|
|
Term
|
Definition
| injunction, decree of specific performance |
|
|
Term
| criminal remedies/consequences |
|
Definition
| fine, imprisonment, restitution |
|
|
Term
|
Definition
| criminal act as defined by applicable statute--defendant committed act |
|
|
Term
|
Definition
| "guilty state of mind"--intetntional, reckless, negligence, subjective/objcetive |
|
|
Term
|
Definition
| actor meant to do particular act with particular result; doctrine of transferred intent |
|
|
Term
| doctrine of transferred intent |
|
Definition
| when an intent to cause harm to one person results in harm to another person instead of the intended target, the law transfers the intent to the actual harm. |
|
|
Term
|
Definition
| actor engaged in outrageous conduct without regard to possible consequences |
|
|
Term
|
Definition
| carelessness; failure to behave in an objectively reasonable manner |
|
|
Term
|
Definition
| court must be satisfied that the accused actually had the requisite mental element present in his or her mind at the relevant time |
|
|
Term
|
Definition
| where requisite mens era element is imputed to the accused on the basis that a reasonable person would have had the mental element in the same circumstances |
|
|
Term
|
Definition
| test is both subjective and objective |
|
|
Term
| doctrine of exhaustion of administrative remedies |
|
Definition
| judicial or statutory requirement that a controversy will not be heard by a federal/state court until non-judicial or administrative remedies have been pursued--promotes judicial efficiency and protects the autonomy of administrative agencies |
|
|
Term
| doctrine of exhaustion of administrative remedies |
|
Definition
| judicial or statutory requirement that a controversy will not be heard by a federal/state court until non-judicial or administrative remedies have been pursued--promotes judicial efficiency and protects the autonomy of administrative agencies |
|
|
Term
|
Definition
| law is what the sovereign says it is--decisions stand, regardless of morality |
|
|
Term
|
Definition
| "an unjust law is no law at all and need not be obeyed"--laws must have a good moral basis |
|
|
Term
|
Definition
| "enforcement of the law is more important than the law itself"--enforcers determine if the law is applied in a fair and consistent way |
|
|
Term
|
Definition
|
|
Term
| Texas Rule of Civil Procedure 167 |
|
Definition
| if D makes P a settlement offer and P declines, and at trial P wins judgment of less than 80% of the offer. P must pay D's attorney fees and court costs from date of offer forward |
|
|
Term
|
Definition
| need for predictability of the law and must be flexible to respond to new problems |
|
|
Term
|
Definition
| plaintiff has burden of proof and a preponderance of evidence is required |
|
|
Term
|
Definition
| government has burden of proof and must prove guilt beyond a reasonable doubt |
|
|
Term
| alternative dispute resolution |
|
Definition
| any other formal or informal process used to settle disputes without resorting to a trial |
|
|
Term
|
Definition
neutral "mediator" attempts to coax the two disputing parties to award a voluntary settlement (can be mandated)
***STRONGEST WIN-WIN |
|
|
Term
|
Definition
parties agree to a neutral 3rd party (arbitrator) who has the power to impose an award
**ensures final result |
|
|
Term
|
Definition
| refers to lawsuits; process of filing claims in court and ultimately going to trial |
|
|
Term
|
Definition
| in a lawsuit in which the case is against a specific individual, that person must be served with a summons/complaint to give the court jurisdiction to try the case---judgement can be enforceable against a person wherever he/she is |
|
|
Term
|
Definition
| trial held before a judge sitting without a jury |
|
|
Term
|
Definition
| dollar amount that the attorney and the client agree on before the attorney begins work |
|
|
Term
|
Definition
| represents a certain percentage of the recovery in the client's case |
|
|
Term
|
Definition
| a continuing flat fee or an advance on the fee owed for the attorney's services |
|
|
Term
|
Definition
| predetermined amount chargeable for the attorney's work |
|
|
Term
|
Definition
| the geographic district in which a legal action is tried and from which the jury is selected---influences case of jurisdiction |
|
|
Term
|
Definition
| requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. Plaintiff must demonstrate injury or threat of injury. |
|
|
Term
|
Definition
| controversy that is not hypothetical or academic but real and substantial, requirement that must be satisfied before a court will hear a case |
|
|
Term
|
Definition
| request that the court terminate a case without permitting it to go further |
|
|
Term
| judgment on the pleadings |
|
Definition
| a party can ask the court to form a judgment based on the pleadings themselves |
|
|
Term
|
Definition
| ruling by the court that no trial is necessary because some essential facts are not in dispute |
|
|
Term
| judgment notwithstanding verdict (JNOV) |
|
Definition
| a judgment entered by court in favor of one party even though the jury returned a verdict for the opposing party |
|
|
Term
|
Definition
| "to seek the truth"--process of selecting a jury with goal being to select an impartial jury |
|
|
Term
|
Definition
| claim that a juror has demonstrated probable bias |
|
|
Term
|
Definition
| right to excuse a juror for virtually any reason |
|
|
Term
|
Definition
| determines what questions a lawyer may ask and how the questions are to be phrased, what answers a witness may give and what documents may be introduced |
|
|
Term
|
Definition
| each party presents argument to a court of judges who may interrupt with questions and will take case under advisement (may affirm, modify, reverse, or reverse and remand) |
|
|
Term
|
Definition
| term used to describe an individual who is financially unable to pay an adverse court decision awarding a sum of money to the opposing party |
|
|
Term
| statutory exemptions: designed to exempt from disclosure information that is required or permitted to be kept secret by other federal laws |
|
Definition
|
|
Term
|
Definition
| occurs when an employer is required to withhold the earnings of an individual for the payment of a debt in accordance with a court order or other legal or equitable procedure |
|
|
Term
|
Definition
| a written summary of judgment which states how much money the losing defendant owes to the person who won the lawsuit, the rate of interest to be paid on the judgment amount, court costs and any specific orders that the losing defendant must obey----winner(creditor), loser(debtor) |
|
|
Term
|
Definition
1. pain/suffering
2. capacity to work
3. medical expenses |
|
|
Term
|
Definition
1. intentional
2. touching
3. rude/offensive |
|
|
Term
|
Definition
| judge can enforce that losing party pay defendant's fees when case is frivolous and unnecessarily filed |
|
|
Term
|
Definition
| suit in which one injured party represents a large group of people who have suffered similar harm |
|
|
Term
|
Definition
| parties agree in advance to arbitrate any disputes that may arise |
|
|
Term
| mandatory arbitration form |
|
Definition
| document that prohibits you from filing suit against the company. If you have a complaint, you must pay an arbitrator's fee, plead your case and potentially pay the other party's fees. |
|
|
Term
|
Definition
| determine the facts of a particular dispute and apply those facts the law given by earlier appellate court decisions |
|
|
Term
|
Definition
| a court's power to hear a case |
|
|
Term
| trial courts of limited jurisdiction |
|
Definition
| may only hear certain types of cases |
|
|
Term
|
Definition
| only has jurisdiction over civil lawsuits involving a maximum $$ amount |
|
|
Term
|
Definition
| hears only cases involving minors |
|
|
Term
|
Definition
| hears only cases dealing with settlement of estates of deceased persons |
|
|
Term
| trial courts of general jurisdiction |
|
Definition
| can hear a very broad range of cases---most important court is the general civil division |
|
|
Term
|
Definition
| generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law |
|
|
Term
|
Definition
|
|
Term
|
Definition
| party opposing the appeal |
|
|
Term
|
Definition
| written arguments on the case submitted by both sides |
|
|
Term
|
Definition
| a case in which the claim is based on the U.S. constitution, a federal statute, or a federal treaty |
|
|
Term
| diversity jurisdiction cases |
|
Definition
1. plaintiff and defendant are citizens of different states
2. the amount in dispute exceeds $75,000 |
|
|
Term
|
Definition
| a petition asking the supreme court to hear a case |
|
|
Term
|
Definition
| documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply |
|
|
Term
|
Definition
| short, plain statement of the facts alleged and the legal claims made |
|
|
Term
|
Definition
| paper ordering the defendant to answer the complaint within 20 days |
|
|
Term
|
Definition
| tells the court and plaintiff exactly what issues are in dispute |
|
|
Term
|
Definition
| a second lawsuit by the defendant against teh plaintiff |
|
|
Term
|
Definition
| a formal request to the court to take some step or issue an order |
|
|
Term
|
Definition
| written questions that the opposing party mjust answer under oath |
|
|
Term
|
Definition
| provide a chance for one party's lawyer to question the other party or witness under oath |
|
|
Term
|
Definition
| best way to bring out the truth is for the two contesting sides to present the strongest case possible to a neutral fact finder |
|
|
Term
|
Definition
| both plaintiff and defendant have a right to demand a jury trial when the lawsuit is one for money damages |
|
|
Term
|
Definition
| when a lawyer asks questions of her own witness |
|
|
Term
|
Definition
| a ruling that the plaintiff has entirely failed to prove some aspect of the case |
|
|
Term
|
Definition
|
|
Term
|
Definition
| affirm the outcome with changes |
|
|
Term
|
Definition
| nullify the lower decision and return the case for reconsideration or retrial |
|
|
Term
|
Definition
| to turn the loser into the winner |
|
|
Term
|
Definition
| a mistake by the trial judge that was too minor to affect the outcome |
|
|
Term
|
Definition
| judge-made law; sum total of all the cases decided by appellate courts in that state |
|
|
Term
|
Definition
| bystander has NO obligation to assist someone in peril unless they are responsible for the danger |
|
|
Term
|
Definition
| simple application of a statute's words |
|
|
Term
| legislative history and intent |
|
Definition
| court looks at law's history (committee hearings, reports, floor debates) |
|
|
Term
|
Definition
| 1st administrative agency--gave ICC power to regulate rates and investigate harmful practices, to hold hearings, issue orders and punish railroads that don't comply |
|
|
Term
|
Definition
| describes the problem that needs regulation and establishes an agency and defines its powers |
|
|
Term
|
Definition
| agency creates laws by requiring business or private citizens to act in a certain way |
|
|
Term
|
Definition
| simple "notice and comment"--agency must publish a proposed rule in advance and permit the public a comment period |
|
|
Term
|
Definition
| congress may require that an agency hold a hearing before promulgating the rules |
|
|
Term
|
Definition
| order to appear at a particular time and place |
|
|
Term
|
Definition
| to hold a formal hearing about an issue and then decide it |
|
|
Term
|
Definition
| power of an appellate court or board to ignore a lower judge's ruling and make it's own decision |
|
|
Term
|
Definition
| may require the agency use formal rulemaking or only investigate certain issues |
|
|
Term
|
Definition
| greatest influence over executive agencies |
|
|
Term
|
Definition
| individual/corporation harmed by an administrative rule may have such action reviewed in federal court |
|
|
Term
| Freedom of Information Act (1966) |
|
Definition
| designed to give citizens, businesses, and organizations access to the information used by federal agencies |
|
|
Term
|
Definition
| statute prohibits federal agencies from giving information about an individual to other agencies or organization's without written consent |
|
|
Term
|
Definition
| supreme law of the land; therefore any law that conflicts with it is void; establishes 3 branches of national government |
|
|
Term
|
Definition
| constitution gave the U.S. Congress the power to pass laws on various subjects |
|
|
Term
|
Definition
| most administrative agencies are created by Congress or a state legislature |
|
|
Term
|
Definition
defines the rights of the parties
(requires that a landlord who has signed a lease must deliver the store to her tenant) |
|
|
Term
|
Definition
establishes the processes for settling disputes
(must notify defendant of claims and time and place for hearing on injunction) |
|
|
Term
|
Definition
refers to the rights and obligations of governments as they deal with the nation's citizens
(FTC prohibits deceptive advertisements) |
|
|
Term
|
Definition
regulates the duties between individuals
(landlord-tenant law) |
|
|
Term
|
Definition
| recognized political power whom citizens obey |
|
|
Term
|
Definition
| indicates where to find the case in a law library |
|
|
Term
|
Definition
| provides a background to the lawsuit, mentions to what happened at the trial court |
|
|
Term
|
Definition
| tells you what the court had to decide |
|
|
Term
|
Definition
| offers a contrasting view of the legal issue |
|
|
Term
|
Definition
| national government divided into three branches |
|
|
Term
|
Definition
| creates the Congress and grants all legislative power to it |
|
|
Term
|
Definition
| establishes the office of president and defines executive powers |
|
|
Term
|
Definition
| creates the Supreme Court and permits lower federal courts and outlines the powers of the federal judiciary |
|
|
Term
|
Definition
| imposing taxes, spending money, creating copyrights, supporting the military, declaring war |
|
|
Term
|
Definition
| gives Congress the power to regulate commerce with foreign nations among states |
|
|
Term
| International Commerce--Exclusive Power |
|
Definition
| Federal government must speak with one voice when regulating commercial relations with foreign governments |
|
|
Term
| Domestic Commerce--Concurrent Power |
|
Definition
| both Congress and the States may regulate domestic commerce |
|
|
Term
|
Definition
| gives Congress the power to regulate commerce with foreign nations among states |
|
|
Term
|
Definition
| ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action |
|
|
Term
|
Definition
| the power of government to take private property for public use |
|
|
Term
|
Definition
| holds that certain rights are so fundamental that the government may not eliminate them |
|
|
Term
|
Definition
| generally requires the government to treat people equally |
|
|
Term
|
Definition
| when government takes private property for public use, the owner must be compensated |
|
|
Term
|
Definition
| constitution is supreme law of the land |
|
|
Term
|
Definition
| moral duty to act as you believe everyone should act--no exceptions |
|
|
Term
|
Definition
| only way to survive in society is to engage in a social contract with everyone |
|
|
Term
|
Definition
| ethics of actions are judged by how they promote common good (ethics judged upon consequences rather than actions themselves) |
|
|
