Term
| When the intention to harm one individual inadvertently causes a second person to be hurt instead. Under the law, the individual causing the harm will be seen as having "intended" the act by means of this doctrine. |
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Definition
| Transferred Intent Doctrine |
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Term
| A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. |
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Definition
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Term
| What is the purpose of Tort Law? |
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Definition
| To provide remedies for the invasion of various 'protected interests' (physical safety, real and personal property, and intangible interests) |
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Term
| Reasonable apprehension of immediate harmful or offensive contact |
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Definition
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Term
| The unprivileged, intentional touching of another. |
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Definition
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Term
| What are four defences to assault and battery? |
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Definition
1) Consent
2) Self-defense (amount of force must be reasonable)
3) Defense of others
4) Defense of Property |
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Term
| Intentional confinement or restraint of another person without consent through physical force or barriers. |
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Definition
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Term
| Due to the False Imprisonment defense, can a businessperson be sued for attempting to confine a suspected shoplifter for questioning? |
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Definition
| No, under the 'privilege to detain' granted to merchants in some states, a merchant can use the defense of probable cause if there is sufficient evidence to support the belief that a person is guilty. |
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Term
| Anything published or publicly spoken that causes injury to another's good name, reputation, or character. |
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Definition
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Term
| Two types of defamation include: |
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Definition
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Term
| Defamation in writing or other form having the quality of permanence (ie - a digital recording) |
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Definition
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Term
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Definition
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Term
| Can a statement be considered defamation if it someone's opinion? |
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Definition
| No, because they are protected under the 1st amendment. It would be considered defamation if the statment was false and represents something as a fact (ie - "Kelsey cheats on her taxes") vs. ("Kelsey is a jerk") |
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Term
| When the defamatory statements are communicated (either intentionally or unintentionally) to persons other than the defamed party. |
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Definition
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Term
| What are two defenses to defamation? |
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Definition
1) Truth of statement
2) Privilege (employee evaluations, statements made in courtroom, etc) |
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Term
| Examples of 'absolute' privileges: |
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Definition
-Statements made in the courtroom by attorneys and judges during a trial
-Statements made by government officials during legislative debate (even if the officials make such statements while knowing them to be untrue) |
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Term
| Examples of 'qualified' (or conditional) privileges: |
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Definition
| An employer's statements in written evaluations of employees as long as they are made in good faith and are limited to those who have a legitimate interest in the communication |
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Term
| Use of another person's name, likeness, or other identifying characteristic without permission and for benefit of the user (ie - public figures, celebrities, and entertainers have right to sue anyone who uses their images for COMMERCIAL benefit without their permission) *Must be for commercial use* |
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Definition
| misappropriation of the right to publicity |
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Term
| Two acts that qualify as an invasion of privacy: |
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Definition
1) Unreasonable public disclosure of private facts of an individual (ie - newspaper account of a private citizen's sex life or financial affairs, even if it is true)
2) Intrusion on an individual's private affairs or seclusion (ie - invading someone's home, eavesdropping by wiretap, unauthorized scanning of a bank account, compulsory blood testing, and window peeping) |
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Term
| An intentional act that amounts to extreme and outrageous conduct (to the point that it exceeds the bounds of decency accepted by society) resulting in severe emotional distress to another |
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Definition
| Intentional Infliction of Emotional Distress |
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Term
| Interference with owner's right to exclusive possession of his land (including walking/driving on someone else's land, shooting a gun over the land, throwing rocks at a building that belongs to someone else, building a dam across a river and thereby causing water to back up on someone else's land, and constructing a building so that part of it is on an adjoining landowner's property) |
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Definition
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Term
| Whenever an individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner's possession of personal property. |
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Definition
| Trespass to Personal Property |
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Term
| When a person wrongfully possesses or uses the personal property of another without permission (even failure to return borrowed property) |
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Definition
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Term
| 3 elements are necessary for wrongful interference with a contractual relationship to occur: |
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Definition
1) A valid, enforceable contract must exist btwn 2 parties
2) A third party must know that this contract exists
3) The third party must INTENTIONALLY induce a party to breach the contract. |
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Term
| Wrongful Interference with a Business Relationship says that businesspersons are |
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Definition
| prohibited from unreasonably interfering with another's business in their attempts to gain a share of the market. |
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Term
| Any court having original jurisdiction is normally known as a |
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Definition
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Term
| When can a case be brought before an appellate court? |
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Definition
-on an appeal from an order
-on a judgement of a trial court or other lower court |
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Term
| A state trial court and a federal district court has _____ jurisdiction over subject matter. |
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Definition
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Term
| In both the federal and state court systems, a court's subject-matter jurisdiction can be limited by what two things? |
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Definition
1) subject of the lawsuit
2) amount in controversy |
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Term
| Courts often use the ______ ______ test to see if out-of-state commercial website operator should be subject to its jurisdiction. |
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Definition
"Sliding Scale"
-Passive website = no personal jurisdiction
-Interactive website = personal jurisdiction |
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Term
| If a federal question (question that pertains to the US Constitution, acts of Congress, or treaties, thus providing a basis for federal jurisdiction) arises due to the fact that someone claimed that their rights under the US Constitution were violated, does the case have to be tried in a federal court? Is there a minimum dollar amount in order to be heard? |
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Definition
No. In most cases, the plaintiff can file the action in either a federal court or a state trial court (because these courts have concurrent jurisdiction over many matters)
No. |
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Term
| Diversity of Citizenship cases may arise between: |
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Definition
1) citizens of different states
2) foreign country vs. citizens of a state (or of diff states)
3) Citizens of a state vs. citizens/subjects of foreign country |
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Term
| In order for a federal court to take jurisdiction in cases involving 'diversity of citizenship', the amount in controversy must be over _____ dollars. |
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Definition
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Term
| In a case based on 'diversity of citizenship', will the federal court apply federal law? |
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Definition
| No. It will apply the relevant state law (which is often the law of the state in which the court sits) |
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Term
| In suits involving 'diversity of citizenship' who has the power to hear the case? State or federal court? |
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Definition
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Term
| Who has jurisdiction in cases involving admirality ("law of the sea"), antitrust, bankruptcy, copyright and trademarks, federal crimes, patents, and suits against the US |
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Definition
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Term
| Who has jurisdiction in divorce and probate cases? |
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Definition
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Term
| Who has jurisdiction in federal question and diversity of citizenship cases? |
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Definition
| Both state and federal court |
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Term
| When two different courts have the power to hear a case. |
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Definition
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Term
| A Louisiana man purchased a used RV from sellers in Texas after viewing numerous pictures of it on eBay and reading the seller's statement that the RV "will work great for years to come". The man picked up the RV in Texas, but on the drive back to Louisiana, the RV quit working. He then filed a lawsuit in Louisiana against the sellers alleging that the vehicle was defective. Does the Louisiana court have jurisdiction? Why? |
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Definition
| Yes, because the sellers had used eBay to market and sell the RV to the Louisiana buyer and due to the "sliding-scale" standard, if substantial business is conducted over the internet (ie - with contracts and sales), the seller is subject to jurisdiction in every state. |
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Term
| An online auction site (Yahoo!) has offered Nazi memorabilia for sale. In France, the display of such items is a criminal offence. Due to this, a lawsuit was filed in Paris against Yahoo for diplaying Naxi memorabilia and offering them for sale via its Web site. Do the French courts have personal jurisdiction over the matter? What would the ruling be? |
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Definition
| Yes. The ruling leaves open the possibility that Yahoo!, and anyone else who posts anything on the internet, could be held answerable to the laws of any country in which the message might be received. |
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Term
| The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. Plaintiff must demonstrate that he or she has been either injured or threatened with injury. |
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Definition
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Term
| A controversy thats not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case. |
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Definition
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Term
| In order to bring a lawsuit before a court, one must: |
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Definition
1) Have a stake in the lawsuit
2) Have a real or substantial controversy (not a hypothetical or "what if" lawsuit)
3) Be sueing on behalf of themselves, not another person (unless other person is a minor) |
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Term
| What are the 4 different types of state courts? |
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Definition
1) Trial courts of limited jurisdiction
2) Trial courts of general jurisdiction
3) Appellate courts
4) Supreme courts |
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Term
| The jurisdiction of trial courts with limited jurisdiction is often determined by |
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Definition
| the size of the county in which the court sits. |
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Term
| Special court in which parties may litigate small claims (such as $5,000 or less). Attorneys are not required in these types of courts. |
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Definition
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Term
| Court that hears mainly traffic cases. |
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Definition
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Term
| Type of court in which a panel of 3 or more judges reviews the record of previous case, which includes a transcript of the trial proceedings, and determines whether the trial court committed an error. This court focuses on questions of LAW not questions of FACT. |
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Definition
| Appellate (or Reviewing) Courts |
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Term
| Although the decisions of each state's highest court are final on all questions of state law, there is one condition under which the supreme court's decision can be overruled. This is when... |
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Definition
| issues of federal law are involved, in which case the decision can be overruled by the United States Supreme Court. |
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Term
| Process of resolving a dispute through the court system |
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Definition
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Term
| Large body of law that establishes the rules and standards for determining disputes in courts and that varies from court to court and from state to state. |
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Definition
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Term
| The complaint and answer (and the counterclaim and reply) all taken together |
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Definition
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Term
| Document that, when filed with a court, initiates a lawsuit. |
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Definition
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Term
| Document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. Delivered by a sheriff or any other person so authorized. |
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Definition
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Term
| Claim made by a defendant in a civil lawsuit against the plaintiff (defendant is suing the plaintiff) |
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Definition
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Term
| Phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial. |
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Definition
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Term
| Testimony of a party to a lawsuit of a witness taken under oath before a trial. |
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Definition
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