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Business Law (1)
Intro to Law, courts litigation ADR, types of law, intentional torts, negligence + strict liability
112
Law
Undergraduate 2
02/16/2010

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