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Definition
| set of rules enforcable by a government |
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| party which files a lawsuit |
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| party which a lawsuit is filed upon |
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| set of facts giving rise to a valid lawsuit |
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| legally enforceable set of promises |
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| failure to fullfill contract obligations |
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| civil wrong other than a breach of contract for which the law prevides a remedy |
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| untentional violation of a legal duty to use a standard of care |
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| system of court made law where the rules are derived from previously decided cases called precedents |
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| requires courts to follow precedent " it has been decided" |
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| legal doctrine which says that courts determine the constitutionality of statutes |
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| philosophical schools of law (list) |
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Definition
-natural
-positivist
-traditional
-legal realists |
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Definition
| believes that law comes from priciples inspired by god or evident from nature |
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Definition
| established governments laws are supreme |
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| traditional school of law |
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Definition
| theory that laws that have worked in the past are best suited to shape present law |
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Definition
| there is no uniform way to interpret or apply the law |
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| order of importance of law (list) |
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Definition
-constitution
-federal statutes and treaties
-state law statutes
-state administrative rules
-municipal ordinances |
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Definition
| the law created by courts when they declare the law |
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Definition
| law which is not binding on a lawmaker but which may be influential |
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| uniform codes (moral codes) |
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Definition
| statutory frameworks covering a certain area of law which have been compiled by experts for adoption by state legislatures |
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Definition
| are common law schemes compiled by experts to influence courts and to encourage nationwide consistency |
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| units of the executive branch created by a legislature to regulate in a certain area |
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Definition
| are agencies designed to be free from the direct authority of the president or governor |
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| are administrative agencies whose heads are directly subject to the authority of the president |
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Definition
| involves wrongs against society punished by the federal, state or city government through prosecution |
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Definition
| involves wrongs committed against persons or entities who enforce their rights by filing lawsuits to obtain damages |
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Term
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| defines the rights and duties of persons in our society |
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| tells us the process by which we enforce rights within society |
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| law adopted by a legisative body |
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| law created by court decisions |
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Definition
| court where one can seek status change |
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| one or more members of a group of injured parties sue on behalf of the group |
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Definition
| a person needs a tangable interest in a lawsuit to sue or become a party |
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Definition
| to speak the law-authority of a court to decide a case |
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Definition
| place where a case may properly be decided under the law |
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Definition
| the process of litigation resulting in a binding final judgement |
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Definition
| a trial system where the evidence is presented by party opponents rather than through questions of a judge |
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Definition
| the testimony of witnesses and the documents and objects admitted to consideration as part of that testimony |
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Term
| four levels of courts are... |
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Definition
supreme cour
court of appeals
circuit court
courts of limited jurisdiction |
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Term
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Definition
| the highest appellate court |
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Term
| court of appeals (circuit court of appeals) |
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Definition
| the intermediate appellate courts (typically the first court to which an aggrieved party may appeal) |
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Term
| circuit court of county (district court) |
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Definition
| the trial court of general jurisdiction in which most important cases are filed |
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Term
| courts of limited jurisdiction |
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Definition
| courts whose authority is limited by subject matter or amount in controversary |
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Definition
jurisdiction over the defendant, a state or federal court has personal jurisdiction over...
-residents of the state where the court sits
-person with minimum contacts in the state
-enter a contract in the state
-committed a tort in the state |
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Term
| subject matter jurisdiction |
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Definition
| jurisdiction over the type of lawsuit |
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Term
| federal court has jurisdiction when... |
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Definition
-diversity of citizenship (defendant and plaintiff are from different states) (amount in controversery exceeds 75000 bucks
-federal question jurisdiction |
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Term
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Definition
| alternative dispute resolution |
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Term
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Definition
| a binding process which an arbitrator hears evidence and enters an enforceable decision |
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Term
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Definition
| an attemt by disputing parties to resolve their dispute informally wiht or without attorneys present |
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Definition
| a non binging process which a mediator aids parties in negotiating a dispute |
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Definition
| a shortened trial before an unofficial jury which makes a non binding advisor decision often ordered by a judge in complex cases to help parties settle the case |
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Definition
| a shortened trial before an unofficial judge who makes a non binding recomendation |
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Definition
| mediation, arbitration, negotiation, summary jury trial, mini trial |
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Term
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Definition
1. pleadings
2. discovery
3. pre trial motions
4. trial
5. post trial motions
6. appeal |
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Term
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Definition
| complaint or petition, serving a summons which requires an answer, failure to answer can cause a default judgement or a counterclaim can arrise |
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Term
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Definition
| process of gathering information prior to trial, |
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Term
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Definition
-interrogatories
-request for admissions
-request for production
-depositions |
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Term
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Definition
| written questions sent to a party which must be answered under oath |
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Term
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Definition
| written statements sent to a party which must be admitted or denied |
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Term
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Definition
| a written request sent to a party requiring the delivery of documents or objects at a specified place and time |
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Term
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Definition
| an in person oral examination of a party or non party witness under oath |
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Term
| pre trial motions include... |
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Definition
motion to dismiss
motion for summary judgement |
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Term
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Definition
| motion typically filed by defendant asking to throw out petition for failure to state cause of action, lack of jurisdiction or standing |
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Term
| motion for summary judgement |
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Definition
| motion filed by any party asking for judgement based on affidavits and the sworn evidence uncovered during discovery, requires the court to find that there is no genuine issue of material fact |
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Term
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Definition
1. voire dire
2. opening statements
3. plaintiffs case
4. defendants case
5. rebuttal by plaintiff
6. closing arguments |
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Term
| post trial motions include... |
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Definition
| motion for new trial and motion for judgement not withstanding the verdict |
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Term
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Definition
1. notice of appeal
2. trial record filed
3. parties brief issues
4. oral argument
5. decision |
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Term
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Definition
affirm
reverse
remand back to trial court
combinations of first three |
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Term
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Definition
| civil wrong other than a breach of contract for which the law provides a remedy |
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Definition
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Definition
| 2 or more people who join together in committing a tort |
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Term
| joint and several liability |
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Definition
| allows victim to collect otal damages from 1 or all joint tortfeasors |
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Term
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Definition
| purpose to do the act is all that is required, do not have to intend to harm or results. reckless disregard of harm is usually enough |
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Term
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Definition
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Definition
| an intentional act causing immediate expectation of injury or offensive contact to another person |
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Term
| 3 elements required to prove assault |
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Definition
1. required intent for both assault and battery: to cause expectation of injury or offensive contact to another person
2. act: words alone are not enough. must be some outward movement creating immediate expectation and danger
3. result: reasonable expectation of immediate injury or offensive contact |
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Term
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Definition
| an intentional act causing another person injury or offensive contact |
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Term
| 3 elements to prove a battery |
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Definition
1. intent
2. act
3. result: injury of physical contact unreasonable to a reasonable person |
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Term
| four defenses to assault and battery... |
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Definition
consent
self defense
defense of others
castle doctrine |
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Term
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Definition
| when the victim agrees to the physical contact |
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Term
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Definition
| the privilege to use amount of force reasonably necessary to repel real or apparent danger |
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Term
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Definition
| the privilege to use the amount of force reasonably necessary to repel real or apparent danger to others |
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Term
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Definition
| privilege to use the amount of force reasonably necessary to repel real or apparent danger to others |
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Term
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Definition
| ability to use deadly force to protect one's home when you are there and someone tries to enter without permission |
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Definition
| intentional detention of another within boundaries for any length of time with that persons knowledge and without consent |
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| 2 elements required for false imprisonment |
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Definition
-intentional detention of another
-with that persons knowledge and without consent |
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Term
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Definition
| a merchant with reasonable cause to suspect shoplifting may detain suspect in reasonable manner for a reasonable length of time |
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| intentional infliction of emotional distress |
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Definition
| an intentional act of extreme or outrageous nature causing severe emotional distress |
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Term
| 3 elements of emotional distress... |
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Definition
-intentional act
-of extreme outrageous nature
-causing severe emotional distress |
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Term
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Definition
| a publication of defamatory false statement of fact |
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Term
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Definition
-publication
-defamatory
-false statement of fact
-through fault of defendant |
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Term
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Definition
-absolute privilege
-conditional privilege
-truth
-retraction |
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Term
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Definition
| statements made during a government hearing are not grounds for defamation |
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Term
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Definition
| statements made as a matter of the defendants business interests are not actionable unless with actual malice |
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Term
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Definition
| statement by defendant is actually true |
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Term
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Definition
| a defense to lessen defamatory charges only |
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Term
| 4 types of invasion of privacy |
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Definition
-intrusion upon solitude or seclusion
-public disclosure of private facts
-false light publicity
-appropriation of likeness of name |
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Term
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Definition
| intentional misrepresentation of material fact |
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Term
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Definition
-misrepresentation of material fact
-intent to deceive
-reasonable reliance by the victim "duty to inspect"
-causation of damages |
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Term
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Definition
-trespasses to land
-trespasses to chattels
-conversion
-nuisance
-intentional interference with contract or business relationship |
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Definition
| intentional entry to land of another without permission |
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Definition
| intentional damaging or deprivation of anothers personal property |
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Definition
| intentional retention or severe damaging of anothers personal property, also a trespass to chattles |
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Definition
| the unjustified interference with the use or enjoyment of anothers real estate |
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Term
| intentional interference with contract or business relationship |
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Definition
| kinda like an outside business bro getting his nose in shit it shouldnt be in to stop another bros business |
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Term
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Definition
| unintentional violation of a legal duty to use a standard of care |
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Term
| 4 elements for negligence |
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Definition
-unintentional act
-legal duty to use a standard of care
-violation of that standard of care
-causation of damages |
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Term
| defenses to negligence are... |
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Definition
-comparative negligence
-contributory negligence
-assumption of risk
-immunities |
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Term
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Definition
| the recovery of the plaintiff is reduced by the plaintiff's percentage of fault in causing the damages |
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Term
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Definition
| the recovery of the plaintiff id barred by any negligence of the plaintiff in causing dmages |
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Term
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Definition
| the recovery of the plaintiff is barred if the plaintiff voluntarily encounters a know risk |
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Definition
| shit with the govt about you cant sue the government and shit |
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Definition
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Definition
| an activity so abnormally dangerous that the actor is the guarantor of the safety |
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Term
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Definition
-the defendant marketed the product
-the product was unreasonably dangerous at the time it was sold
-the plaintiff suffered physical injury asa result of the defect |
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Term
| constitutional protections to criminals |
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Definition
-against unreasonable search and seizure
-right to remain silent
-right to counsel
-right to notice of charges
-right to confront witnesses
-right to a speedy trial by jury
-protection against double jeopardy |
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Term
| procedural protections to criminal |
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Definition
-miranda rights
-exclusionary rule (evidence illegally obtained by police is inadmissible in a criminal trial |
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Term
| stages of a criminal proceeding |
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Definition
-arrest
-charges filed by indictment or information
-arraignment and plea
-disclosure
-trial
-post trial |
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Term
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Definition
| deprivation of freedom of movement by a police officer |
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Definition
| criminal charge filed by a grand jury |
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Definition
| criminal charge filed by a prosecutor |
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Definition
| federal offense...prosecutor alone cannot alone file a felony |
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Definition
| the prosecutor decides when to press charges, not the victim |
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Definition
| formal reading of charges |
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Term
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Definition
| an agreement by the defendant to plead guilty in exchange for a lesser charge or a fixed punishment |
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Term
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Definition
| the process of gathering information prior to trial in a criminal case |
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Definition
| the defendant must be proved guilty beyond a reasonable doubt and must be unanimously found guity by the jury |
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Definition
| right to challenge basis for incarceration |
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Definition
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Term
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Definition
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Term
| classifications of punishments |
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Definition
-capital offenses (death)
-felony (life)
-misdemanors-(up to a year)
-infractions- ( fines) |
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Definition
| the fraudulent making or altering a document to change its legal effect |
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Definition
| stealing from someones person by force or threat of force |
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Definition
| breaking and entering with the intent to permanently deprive the owner of it |
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Definition
| taking of anothers property with the intent to permanently deprive the owner of it |
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Definition
| misapropraiting property entrusted to your possession for personal purposes |
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Definition
| burning a building of another or burning a building to defraud insurance |
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Definition
| using a legitimate business to disguise the source of illegal profits |
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Definition
| offering money or property to obtain an illegitimate political or commercial advantage |
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Term
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Definition
-mistake
-consent
-entrapment
-duress
-intoxication
-minority
-justifiably use of force |
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Definition
| mistake of fact if it will negate a required intent |
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Definition
| defense to any offenses which logically require a lack of consent for criminality |
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Term
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Definition
| criminal activity is induced by police rather than the defendants pre disposition t ocommit a crime |
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Term
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Definition
| a wrongfull threat of immediate danger coerces the crime where the danger of the threat is greater than the danger of the crime |
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Definition
| can be defense if it negates a required specific mental state |
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Term
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Definition
| under the age of 14 there is a presumption of an inability to form criminal intent |
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Term
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Definition
| idk like self defense and shit |
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