Shared Flashcard Set

Details

Chapters 1 through 8
Outline Test #1
21
Law
Undergraduate 1
03/10/2014

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Cards

Term
Plessy v. Ferguson
Definition
Separate but equal
Term
Brown v. Board
Definition
Separate but equal is inherently not equal
Term
The difference between common law and civil law
Definition
Civil Law- Law based on code or statue.
Common Law- Law based on precedent rather than statues.
Term
Supremacy Clause
Definition
Establishes that the U.S Constitution and federal treaties, laws, and regulations are the supreme law of the land.
Term
Commerce Clause
Definition
Grants Congress the power to regulate commerce with foreign nations, among the states, and with Indian tribes
Term
Stare Decisis
Definition
Adhere to precendent
Term
Long Arm Statue
Definition
Extends a state's jurisdiction to non residents who were not served a summons within the state
Term
Minimum Contacts
Definition
An amount f contact that a defendant must have with a state in order for that states courts to have jurisdiction over that person or business
Term
Quasi in Rem
Definition
Jurisdiction tht allows a plaintiff who obtains a judgement in one state to collect the judgement by attaching property of the defendant located in another state
Term
Full Faith and Credit Clause
Definition
A judgement of a court in one state must be held up in the courts of another state
Term
Choice of Forum Clause
Definition
In an international contract that designates which nations courts has jurisdiction to hear a case arising out of the contract.
Term
Choice of law clause
Definition
contract provision that designates a certain states law or countries law that will not be applied in any dispute concerning nonperformance of the contract.
Term
Voir Dire
Definition
Interviewing prospective juors
Term
Tort
Definition
A wrong. The types are intentional, negligence and strict liability.
Term
Intentional torts
Definition
Requires that the defendant possessed that intent to do the act that caused the plaintiffs injury.
Term
Disparagment
Definition
False statements about a competitors product, services, property, or business reputation.
Term
Proximate Clause
Definition
A point along a chain of events caused by a negligent party after which that party is no longer legally responsible for the consequences of his or her actions
Term
Res ipsa loquitur
Definition
presumption of negligence arises because of 1. the defendent was in exclusive control of the situation, 2. the plaintiff would not have suffered injury if it had not been for the plaintiffs actions.
Term
Strict Liability
Definition
Liability without fault
Term
Punitive damages
Definition
Damages that are awarded to punish the defendant, to deter the defendant from similar conduct the future, and to set an example for others.
Term
Compensatory damages
Definition
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