Term
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Definition
| 1986 case which held that manufacturers are responsible for injury to the end user if item is being used properly |
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Term
| Three reasons to succeed in a strict liability case |
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Definition
A)Product defective when sold
B)Defective condition rendered the product dangerous
C)Product was the cause of injury |
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Term
| Welge V. Planters Lifesavers Company |
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Definition
| Peanut jar crushed when jar goes on. Strict Liability in the form of defective design, failure of seller, manufacturer to warn of hazard, defect, flaw in manufacture |
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Term
| Sperry New Holland V. Prestage |
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Definition
| Liability falls to the manufacturer when the user/owner is not made aware of possible dangers |
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Term
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Definition
| When all the makers of a product are held liable |
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Term
| 4 factors of Enterprise Liability? |
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Definition
1) All of the defendants are tortfeasers
2) Harmful products are identical
3) unable to identify one manufacturer
4) All manufacturers are held responsible |
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Term
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Definition
| A negligent or intentional civil wrong not arising out of a contract or statute. These include "intentional torts" such as battery or defamation, and torts for negligence |
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Term
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Definition
| Involves professionals and is based on negligence, breach of contract |
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Term
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Definition
| Intentional, Negligence, Strict Liabality |
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Term
| Trespass to real Property |
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Definition
| Occurs when a person intentionally enters the land of anotehr or causes an object to be placed on the land of another w/out their permission |
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Term
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Definition
1)Compensate the victims as a result of the conduct of another
2) Discourage private retaliation
3) promote a sense of justice
4) deter future wrongs |
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Term
| Three types of damages in Tort cases |
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Definition
1) Compensatory
2) Nominal
3) Punitive |
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Term
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Definition
| Dr. Gore bought a "new" BMW which turned out to be a used one just repainted. Supreme Court ruled that $4 million was too much for such a small mishap and violated 14th amendment |
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Term
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Definition
| The thing speaks for itself |
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Term
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Definition
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Term
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Definition
| Res Ipsa Loquitur-The Coca Cola bottle simply exploded in the hand of Escola, what more was there to say. |
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Term
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Definition
| The case that established the fact that an internet service provider could not be responsible for content on its fourms as long as it was merely a distributor. Libel |
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Term
| Startton Oakmont, INC. v Prodigy Services |
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Definition
| Held that Online Service Providers could be held responsible if they screened certain information on their fourms |
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Term
| False Light-Mitchell v Globe Inc. |
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Definition
| Mitchell sued the local tabloid for making false claims of pregnancy |
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Term
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Definition
| Fiduciary relationship where one person acts on behalf of another and under their consent and control |
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Term
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Definition
| Principal and Agent (employer/ employee or employer/ independent contractor) |
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Term
| Two types of jurisdiction |
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Definition
| Original and appellate jurisdiction |
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Term
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Definition
| Means that lawsuits can be brought against a person |
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Term
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Definition
| Means that suits can be brought against a thing (ie a property) |
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Term
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Definition
| Selecting the court that would have the highest probability of winning the suit |
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Term
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Definition
| The power of courts to go beyond their local borders |
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Term
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Definition
| The shifting of the burden of proof from the employee to the employer |
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Term
| What are the three types of subject matter jurisdiction |
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Definition
| State, Federal, Concurrent |
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Term
| True or False: State Judges are appointed |
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Definition
| False, State Judges are elected |
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Term
| True or False: Federal Judges are elected for life |
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Definition
| False, Federal Judges are appointed for life |
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Term
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Definition
| Stick to what the constitution says |
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Term
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Definition
| Judge based on what the constitution means |
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Term
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Definition
| The case that gave the court the power of Judicial Review |
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Term
| Structure of the Federal Court System |
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Definition
| District courts, circuit courts, and Supreme Court |
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Term
| Number of Supreme Court justices |
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Definition
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Term
| Number of circuits within the US |
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Definition
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Term
| True or False: District Courts have appellate jurisdiction |
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Definition
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Term
| True or False: Appellate courts have appellate jurisdiction |
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Definition
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Term
| Four steps to commence litigation |
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Definition
| Complaint, Service of the summons, Motion to Quash Judgement, Answer/Motion to dismiss |
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Term
| First five steps in Civil Litigation |
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Definition
| Negotiations, Complaint, Service of Process, Answer or Motion, Discovery |
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Term
| Second five steps in Civil Litigation |
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Definition
| Pre-Trail Conference, Pre-Trial Motion,Jury Selection, Plaintiff's Case, Motion for directed verdict |
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Term
| Third Four steps in Civil Litigation |
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Definition
| Defendant's case, Jury instructions, Closing arguments,. |
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Term
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Definition
| Broadly applied social standards for what is right or wrong in a particular situation or the process for settiong those standards. |
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Term
| Three examples of unethical situations |
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Definition
1) Selective Disclosure
2) Hiding the Bottom Line
3) Exaggeration |
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Term
| Three examples of the dark grey area |
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Definition
1) Bribes
2) False Alarms
3) Spying |
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Term
| Three different examples of the Dark Grey area |
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Definition
1) Demeaning the other party
2) Outright Lie
3) Disguising the facts |
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Term
| Four ways to react to unethical conduct during negociations |
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Definition
1) Ignore it
2) Call them on it
3) Take time to revisit the rule of negociation
4) Act |
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Term
| Three ways to discharge a contract |
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Definition
1) Performance
2) Mutual Agreement
3) Condition Precedent |
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Term
| Three other ways to discharge a contract |
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Definition
1) Condition Subsequent
2) Impossibility
3) Commercial Impractability |
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Term
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Definition
| The case in which Plante agreed to build a house for Jacobs. The house was built but not to specifications, and so jacobs refused to pay the remaining 6K. Both sued each other and the court ruled the diminished value rule applied. Jacob had to pay plante 4K |
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Term
| What does Title VII of Civil Rights Act of 1964 say |
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Definition
| Prohibits employers from hiring, firing, or otherwise discriminating in terms and conditions of employment ...on the basis of their race, color, religion, sex or national orgin. |
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Term
| Harris V. Forklift Systems Inc. |
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Definition
| Harris sued stating that her employer was creating an abusive work environment with sexual innuendo that was targeted towards her. The court found that the abuse was not so severe as to make her suffer from psycological distress nor was it sufficient to create injury |
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Term
| Three ways to prove employment discrimination |
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Definition
1) Disparate Treatment
2) Disparate Impact
3) Harassment |
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Term
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Definition
| Ellerth quit her job and then sued because whie in the work[place she was discriminated against. Although there were no tangible repercussions from the discouragement, the court still found in Ellerth's favor and held the employer responsible for the supervisor's actions |
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Term
| Onacle V Sundowner Offshore |
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Definition
| Onacle was working on an offshore rig when he was sexually harassed by coworkers. He eventually quit and sued claiming sexual discrimination. The Supreme Court ruled that Title VII could apply to same gender sexual harassment |
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Term
| Three ways to statuatory defense against Title VII action |
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Definition
1) Bona Fide Occupational Qualification
2) Merit
3) Senority System |
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Term
| UCC 2-601 states that: Unless otherwise agreed, if the goods or the tender or deliver fail in any respect to conform to the contract, the buyer may... |
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Definition
a) Reject the whole
b) Accept the whole
c) Accept any commercial unit or units and reject the rest |
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Term
| In order to recover lost profit, you must be able to prove that |
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Definition
1) Reasonably forseeable that lost profits would result in a breach
2) Reasonable certainty of lost profit
3) Everything was done to mitigate damage |
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Term
| Shirley Parker V 20th Century Fox |
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Definition
| Parker sues when fox cancels a movie she was to star in and be paid 750,000. They then offered her an inferior role and when she refused, Fox decided not to pay her. The court held this was a breach of contract on the part of Fox |
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Term
| Name of GE's ethics manual? |
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Definition
| The spirit and the Letter |
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Term
| California and Hawaiian Sugar Company v Sun Ship Inc. |
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Definition
| Barge was one year (more or less) late and in the contract it was stipulated that for every day late, sun ship would pay 17,000. They tried to get out of this in court claiming a misunderstanding, but the court enforced the contract. |
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Term
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Definition
| The Principal is Liable for the agent's actions if the agent was within the scope of the agent's authority |
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