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| a binding deal such as a lease document |
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| sources of contemporary law |
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| constitutions, statutes, and common law |
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| supreme law of the land. creates congress |
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| laws passed by congress or the state legislature |
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| originated in england as lawyers began to record decisions and urge judges to follow earlier cases |
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| an earlier court case used to influence a court decision in a current case |
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| an example of equitable power. it is a court order telling someone to stop doing something |
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| monitor things the government cant. ex: the FCC, IRS, FTC, etc... |
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| regulates the rights and duties between parties |
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| a law case is the decision a court has made in a civil lawsuit or criminal prosecution |
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| facts, issue, decision, and reasoning |
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| provides the background to the lawsuit |
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| it tells you what the court has to decide and why you are reading the case |
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| describes the courts answer to the issue posed. includes holding, reverse, remand, and affirm |
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| to declare the lower court's ruling wrong and void |
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| to send a case back to a lower court |
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| to uphold a lower court's ruling |
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| explains why the court reached its decision |
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| a lawyer who handles a court case |
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| the process of resolving disputes in court |
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| alternative dispute resolutions |
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| mediation, arbitration, and negotiation |
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| fastest growing, neutral 3rd party coaxes the disputing parties toward a voluntary settlement |
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| neutral 3rd party has the power to impose a binding decision. parties in arbitration give up many rights such as discovery |
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| trial courts, appellate courts and state supreme courts |
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| determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions |
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| 3 or more judges hear a case and no jury. no new evidence. decide whether or not the trial court correctly upheld the law |
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| trial courts, appellate courts and the us supreme court |
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| us district courts are the primary trial courts in the US (94 districts) |
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| appellate courts (federal) |
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| the intermediate courts and are divided into circuits which are geographic areas |
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| the defendant response to the complaint |
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| a suit filed by a group of plaintiffs with related claims. plaintiff gains leverage because defendants liability increases |
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| is the critical pretrail opportunity for both parties to learn the strengths and weaknesses of the opponents case |
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| these are the written questions that the opposing party must answer in writing under oath |
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| provide a chance for one party to question the other party or potential witness under oath. |
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| production of documents and things |
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| each side may ask each side to produce relevant documents for inspection and copying |
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| physical and mental examination |
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| a party may ask the court to order an examination of the other party, if their is important for medical cases |
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| a formal request to the court |
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| motion to compel discovery |
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| is a request to the court for an order requiring the other side to answer discovery |
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| a ruling that no trial is necessary because essential facts are not in dispute |
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| a system based on the assumption that if two sides present their best cases before a neutral party the truth will be established |
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| a plaintiff must convince the jury that his version of the case is correct |
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| preponderance of the evidence |
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| the plaintiffs burden to convince the jury that his version of the facts is at least slightly more convincing than the defendants |
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| beyond a reasonable doubt |
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| the governments burden in a criminal prosecution |
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| when a lawyer asks a question to his or her own witness |
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| when a lawyer questions the opposing witness |
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| earlier decisions by a court on similar or identical issues on which subsequent court decisions can be based |
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| to allow a court decision to stand as is |
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| to let a court decision stand but with changes |
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| to nullify a court decision and return a case to trial |
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| to rule the loser in a previous case actually wins with no new trial |
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| created congress, which was to have legislative power |
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| created the office of the president, defining the scope of executive power |
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| established judicial review by creating the supreme court and permitting additional federal courts |
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| "the congress shall have the power to regulate commerce with foreign nations, and among several states.". any state statute that discriminates against interstate commerce is unconstitutional |
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| enforce nations laws. appoint the heads of agencies. propose bills to congress. conducts foreign policy |
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| judicial review, and adjudicating cases |
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| the federal court system has the right to hear criminal and civil court cases. |
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| refers to the power of the federal courts to declare a statute or governmental action unconstitutional |
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| guarantees the right of free speech, free press and religion |
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| protects against illegal searches |
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| guarantees equal protection of the law |
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| ensures that before the government takes liberty, or property the affected person has a fair chance to oppose the action |
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| prohibits the state from taking private property for public use without just compensation. the taking must deny all beneficial use |
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| dictates that the government must generally treat people equally. unfair classifications of people or corporations will not be permitted |
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| an order to appear at a particular time and place to provide evidence |
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| requires the person to produce certain documents |
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| comes from the french word for wrong. a tort is a violation of a duty imposed by civil law |
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| involve harm caused by deliberate actions |
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| concerns false statements that harm someones reputation |
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| elements to win a defamation case |
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| defamatory statement, falseness, communicated, injury |
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| the defendant in a defamation suit knew his statement was false or acted with reckless disregard for the truth |
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| is the intentional restraint of another person without reasonable cause and without consent |
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| is the intentional touching of another person in a way that is unwanted or offensive. there need be no intention to hurt the plaintiff |
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| occurs when the defendant performs some action that makes the plaintiff fear an imminent battery |
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| injuring s person by deliberate deception |
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| intentional infliction of emotional distress |
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| extreme and outrageous conduct that causes serious emotional harm |
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| are intended to restore the plaintiff to the position he was in before the defendants conduct caused injury |
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| single recovery principle |
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| requires the court to settle a legal case once and for all by awarding a lump sum for past and future expenses |
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| punish the defendant for conduct that is extreme and dangerous |
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| tortuous interference with a contract |
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| occurs when the defendant deliberately harms a contractual relationship between 2 parties |
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| to win a tortuous interference with a contract case |
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1)there was a contract between the plaintiff and a 3rd 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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| into someone's private life is a tort if a reasonable person would find it offensive |
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| prohibits the unauthorized use of another persons likeness or voice for business purposes |
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| the unintentional tort because it arises by accidet |
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1) duty of due care
2) breach
3) factual cause
4)foreseeable harm
5) injury |
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| the defendant has a duty of due care to this plaintiff |
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| the defendant breached her duty |
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| the defendant's conduct actually caused the injury |
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| it was foreseeable that conduct like the defendants might cause this type of harm |
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| the plaintiff has actually been hurt |
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| landowners duty: trespasser |
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| lowest liability. a trespasser is anyone on the property without consent. the landowner is only liable to a trespasser if he intentionally hurts him |
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| landowners duty: licensee |
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| highest liability. a licensee is anyone on the land for his own purposes but with the owners permission (social guest). a licensee is entitled to a warning of hidden dangers that the owner knows about |
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| an invitee is someone on the property as of right because it is a public place or a business open to the public. the landowner has a duty of reasonable care to an invitee |
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| a defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances |
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| a defendants breach led to the ultimate harm |
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| refers to the injury that a reasonable person could anticipate |
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| means "the thing speaks for itself" and refers to cases when the facts imply that the defendants negligence caused harm. (surgery, guy knocked out etc) |
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| good defense for negligence. a person who voluntarily enters a situation of obvious danger cannot complain if he was injured |
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| a plaintiff even slightly negligent receives nothing. |
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| a plaintiff may generally recover even if she is partially negligable |
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| a high level of liability assumed by people or corporations who engages in activities that are very dangerous |
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| generally lead to strict liability |
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| ultrahazardous activities |
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| a defendant engaging in such acts is virtually always liable for resulting harm. reasonable person is irrelevant in this case |
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