Term
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Definition
| Court reaching out of its jurisdiction when a defendant does not preside in that jurisdiction |
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| Whether a state can excercise a Long Arm Statue, uses the minimum contacts test |
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Definition
| The Geographic location in which the case is tried and the jurors selected |
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Definition
| Real and substantial damages (needed to have standing to sue) |
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Term
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Definition
- Trial Courts (Limited Jurisdiction)
- Trial Courts (Genereal Jurisdiction)
- Appellate Courts
- State Supreme Courts
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Term
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Definition
- Disctrict Court
- Circuit Courts
- SCOTUS
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Term
| Motion for Judgement on the Pleadings |
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Definition
| Asking court to make verdict on the pleadings |
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| Motion for summary Judgment |
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Definition
| Asking for verdict without trial |
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Term
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Definition
| Testimony taken under oat |
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Term
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Definition
| Written Questions and answers between parties |
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Term
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Definition
| A method of a third party helping to settle a case |
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Definition
| A third party that acts as a judge, makes a decision called an award |
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Term
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Definition
A civil wrong not arising from a breach of contract
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Term
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Definition
| Money sought for a breach in a contract |
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Term
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Definition
| have an actual monetary amount |
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Term
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Definition
| a monetary award equivelent to the damages caused |
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Term
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Definition
| monetary damages meant to punish the defendant |
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Term
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Definition
A wrongful act that is knowingly committed |
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Definition
| Any word or action intended to make another person fearful of immediate physical harm |
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Definition
The unexcused offensive, intentional touching of another |
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Term
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Definition
| Intentional confinement or restraint of an individual |
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Term
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Definition
· Capable of serving as the basis of a lawsuit |
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Term
| Intentional Infliction of Emotional Distress |
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Definition
Extreme or outrageous conduct that can result in extreme emotional distress of another |
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Definition
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Term
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Definition
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Term
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Definition
· Pretending to be someone else, identity fraud in a civil case |
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Term
| Fraudulent Misrepresentation |
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Definition
1. Must know facts are false
2. Intent to make another rely in the misrepresentation
3. Justifiable reliance by the deceived party
4. Injuries
5. Connection between injury and misrepresentation |
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Term
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Definition
| The failure to exercise the standard of care a reasonable person would |
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Term
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Definition
| The duty of all persons to exercise a reasonable amount of care in their dealings with others |
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Term
| Reasonable Person Standard |
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Definition
| The standard of behavior expected of a “reasonable person” |
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Term
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Definition
| A person (customer or client) who is invited onto business premises by the owner of those premises |
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Term
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Definition
| Cannot obtain damages if plaintiff knowingly entered dangerous situation |
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Definition
| bars can be held liable for injuries resulting from accidents involving intoxicated drivers |
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Term
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Definition
· People cannot get in trouble for providing first aid |
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Term
| Types of Product Liability |
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Definition
- Manufacturing (STRICT)
- Design
- Inadequate Warnings
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