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| The obligation to decide current cases based on previous rulings. |
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| A law passed by a legislative body. |
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| The principle that precedent is binding on later cases; means "let the decision stand" |
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| Primary Sources of Contemporary Law |
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| United States Constitution, State Constitutions, Statutes passed by legislatures, Common law (made by the courts) and Administrative law (rules and regulations made by federal and state agencies) |
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| author of On the Laws and Customs of England |
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| On the Laws and Customs of England |
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| written in 1250 by Henry de Bracton that established precedent and was the first attempt to record law |
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| Alternative Dispute Resolution |
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| Any other formal or informal process used to settle disputes without resorting to a trial. |
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| The process of filing claims in court and ultimately going to trial; lawsuits |
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| non-binding; one person mediates both disputing groups; hears both sides and tries to help but cannot make anyone do anything |
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| neutral third party hears both sides and ten makes one final binding decision |
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| 1) diversity - the plaintiff and defendant are citizens of different sates and the amount in dispute exceeds $75000 2) a federal law is in dispute 3) The US is a party (either plaintiff of defendant) |
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| First African American Judge |
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| documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply |
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| A short, plain statement of the facts alleged and the legal claims made |
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| a paper ordering the defendant to answer complaint within 20 days |
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| A decision that the plaintiff wins without a trial because the defendant failed to answer in time |
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| second lawsuit by defendant against the plaintiff |
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| an answer to a counter-claim |
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| the pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case; used to learn as much of the other party's position |
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| 5 different forms of discovery |
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1) Interrogatories
2) Depositions
3) Physical and Mental Examinations
4) Production of Documents and Things
5) Request of Admissions |
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| written questions that the opposing party must answer, in writing, under oath |
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| other party or potential witnesses questioned by other party's lawyer while under oath |
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| Summary Judgement (Pretrial motion) |
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| A ruling by the court that no trial is necessary because some essential facts are not in dispute |
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| The process of selecting a jury; used to select an impartial jury; literally means "to speak the truth" |
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| both plaintiff and defendant have a right to demand a jury trial, unless it is in the case where the plaintiff is seeking an equitable remedy |
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| plaintiff must convince the jury that its version of the case is correct; the defendant is not obligated to disprove the allegations |
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| Preponderance of the Evidence |
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| The plaintiff's burden in a civil lawsuit; must convince jury that its version of the facts is at least slightly more likely than the defendant's version; plaintiff's proof must "just tip" credibility in its favor |
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| Beyond a reasonable doubt |
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| In a criminal case, the prosecution must demonstrate beyond a reasonable doubt that the defendant is guilty; burden of proof is much tougher; basically the government's burden in a criminal prosecution |
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| one method of limiting power by creating a national government divided into three branches, each independent and equal |
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| shared power between federal and state governments |
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| makes the constitution, and federal statutes and treaties, the supreme law of the land |
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| a violation of a duty imposed by the civi law; a wrong or injury that the law can compensate for |
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| harm caused by a deliberate action |
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| negligence and strict liability |
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| injuries caused by neglect and oversight rather than by deliberate conduct |
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| Defamation/ Defamatory Statement |
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| false statements that harm someone's reputation |
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| Four elements of a defamation case |
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1) Defamatory Statement
2) Falseness
3) Communicated
4) Injury |
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| the intentional restraint of another without reasonable cause and without consent; a store may detain a customer or worker for alleged shoplifting provided there is a reasonable basis for the suspicion and the detention is done reasonably |
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| Intentional infliction of emotional distress |
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| results from extreme or outrageous conduct that causes serious emotional harm |
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| the intentional touching of an individual in a way that is unwarranted or offensive |
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| occurs when a defendant does some act that makes a plaintiff fear an imminent battery |
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| intentionally entering land that belongs to someone else or remaining on land after being asked to leave |
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| taking of using someone else's personal property without consent |
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| injuring another person by deliberate deception |
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| money intended to restore a plaintiff to the position he/she was in before the injury |
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| money intended to punish the defendant for conduct that is extreme and outrageous |
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| Tortious interference with a contract |
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| the defendant improperly induced a third party to breach a contract with the plaintiff |
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| 4 Elements to establish tortious interference with a contract |
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1) there was a contract between the plaintiff and a third party
2) the defendant knew of the contract
3) the defendant improperly induced the third party to breach the contract or made performance of the contract impossible
4) There was injury to the plaintiff |
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| prohibits the use of someone's likeness or voice for commercial purposes |
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| a tort if a reasonable person would find the invasion of her private life offensive |
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| Elements of negligence claim |
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1) Duty of Care
2) Breach
3) Factual Cause
4) Forseeable Harm
5) Injury |
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| the defendant had a duty of due care to this plaintiff |
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| the defendant breached his or her duty of due care by failing to behave the way a reasonable person would under similar circumstances |
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| the defendant's conduct actually caused the injury; if the defendant's breach physically lead to the ultimate harm, it is the factual cause |
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| it was foreseeable that conduct like the defendant's might cause this type of harm; the type of harm must have been reasonably foreseeable for the defendant to be liable |
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| the plaintiff has actually been hurt and must prove that he has been injured; must persuade the court that he has suffered a genuine harm |
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| issue of duty that states one does not have a legal duty to assist someone in peril as a bystander, unless the bystander was the one who in fact created the danger |
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| Landowner duty: lowest liability |
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| trespassers - a landowner is only liable to a trespasser for intentional injury or gross misconduct (exception for children) |
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| Landowner duty: higher liability |
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| licensee - landowner's duty is to warn guests of hidden and known dangers |
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| Landowner duty: highest liability |
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| invitee - landowner's duty is to avoid negligence; invitee has a right to enter the property and is entitled to reasonable care from the landowner |
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| the facts imply that the defendant's negligence caused the accident; only occurs in difficult case where plaintiff has hard time proving why issue happened |
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| if the plaintiff is even slightly negligent, she recovers nothing |
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| plaintiff may generally recover even if she is partially responsible; damages reduced by percentage of plaintiff's fault |
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| a serious crime, for which a defendant can be sentenced to one year or more in prison |
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| a less serious crime, often punishable by a year or less in a county jail |
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| "the guilty act"; the prosecution must prove that the defendant voluntarily committed a prohibited act |
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| "the guilty state of mind"; had intent to perform action along with intent to hur someone; had the guilty thoughts behind the act |
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| trespassory taking of personal property with intent to steal |
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| malicious use of fire or explosives to damage or destroy real estate or personal property |
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| fraudulent conversion of property already in the defendant's possession |
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1) Agreement
2) Consideration
3) Legality
4) Capacity |
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| agreement with all important terms explicitly stated; some are oral and some are written |
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| the words and conduct of the parties indicate that they intended an agreement |
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| both parties make a promise; a promise made in exchange for another promise |
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| one party makes a promise that the other party can accept only by doing something |
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| a possible remedy for an injured plaintiff in a case with no valid contract, where the plaintiff can show a promise, reasonable reliance and injustice |
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| a possible remedy for an injured plaintiff in a case with no valid contract, where the plaintiff can show benefit to the defendant, reasonable expectation of payment, and unjust enrichment |
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| an act or statement that proposes definite terms and permits the other party to create a contract by accepting those terms |
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| a letter that summarizes negotiating progress; not an offer |
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| the parties understood each other and intended to reach an agreement |
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| generally not valid offers |
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1) invitations to bargain
2) price quote
3) letters of intent
4) advertisements
5) auctions |
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| Termination by revocation |
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| the offeror may revoke the offer any time before it has been accepted. revocation is effective when the offeree receives it. |
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| if an offeree rejects an offer, the rejection immediately terminates the offer; a counteroffer is a rejection |
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| termination by expiration |
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| when an offer specifies a time limit for acceptance, that period is binding. if the offer specifies no time limit, the offeree has a reasonable period in which to accept |
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| termination by operation of law |
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| death or mental incapacity of the offeror terminates an offer, whether the offeree knows of the change or not. destruction of the subject matter terminates the offer |
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| an acceptance is generally effective upon dispatch, meaning the moment it is out of the offeree's control |
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| requires that acceptance be on precisely the same terms as the offer; acceptance without taking away any terms |
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| a required element of any contract; means that there must be bargaining that leads to an exchange between the parties |
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| Adequacy of consideration |
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| what each party gives to the contract doesn't have to be equivalent |
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| debt in which there is no dispute about the amount owed; in cases of liquidated debt, if the creditor agrees to take less than the full amount as full payment, her agreement is not binding |
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