Term
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Definition
| When one party is in a position of trust and misuses that trust to influence the actions of another |
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Term
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Definition
| a contract formed where the weaker party has no realistic bargaining power. typically a form contract is offered on a "take it of leave it" basis |
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Term
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Definition
| A contract formed between parties of very unequal bargaining power where the terms are so unfair as to "shock the conscience" |
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Term
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Definition
| A guarentee made by the selled or implied by law, regarding the character,quality, or title of the goods being sold. |
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Term
| Implied Warrants of fitness |
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Definition
| An implied promise that the goods being sold will satisfy a special purpose |
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Term
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Definition
| A statutory requirement that in order to be enforceable certain contracts must be in writing |
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Term
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Definition
| The transfer by one of the original parties to the contract of part or all of his or her interest to a third party |
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Term
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Definition
| the transfer by one of the original parties to the contract of his or her obligations to a third party |
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Term
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Definition
| although not a party to the contract, someone the contracting parties intend to benefit |
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Term
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Definition
| when money damages are inadequate, a court may use this equitable remedy and order the breaching party to perform his or her contractual obligations |
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Term
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Definition
| the requirement that the nonbreaching party take reasonable steps to limit his or her damages |
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Term
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Definition
| An equitable remedy whereby the court rewrites a contract |
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Term
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Definition
| a written promise or order to pay a certain sum of money |
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Term
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Definition
| commercial paper that can be transferred by indorsement or delivery. it must meet UCC requirements to be negotiable |
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Term
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Definition
| an arrangement whereby a creditor asks for and recieves a guarantee of repayment from the debtor in the form of collateral |
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Term
| buyer in the ordinary course of business |
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Definition
| someone who buys a product in good faith and without knowledge that someone else has a security interest in the goods |
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Term
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Definition
| offeree indicates agreement to be bound to the contract |
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Term
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Definition
| anything of value it must be present for a valid contract to exist, must be given by both sides |
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Term
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Definition
| a contract that is invalid even if it is not repudiated by either party |
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Term
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Definition
| a contract that is invalid even if it is not repudiated by either party |
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Term
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Definition
| governs commercial transactions and has been adopted by all states, entirely or in part |
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Term
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Definition
| desire to enter into an agreement |
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Term
| rules of criminal procedure |
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Definition
| federal and state rules that regulate how criminal proceedings are conducted |
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Term
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Definition
| a defense requiring proof that the defendant was not mentally responsible |
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Term
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Definition
| a test that provides that the defendant is not guilty due to insanity if at the time of the killing the defendant suffered from a defect or disease of the mind and could notunderstand whether the act was right or wrong |
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Term
| irresistable impulse test |
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Definition
| a test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant could not control his or her actions |
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Term
| substantial capacity test |
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Definition
| part of the model penal code; a test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant lacked wither ability to understnad that the act was wrong or the ability to control the behavior |
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Term
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Definition
| a defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act |
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Term
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Definition
| a defense requiring proof that the defendant was forced to take an action to avoid a greater harm |
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Term
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Definition
| a defense requiring proof that the defendant would not have committed the crime but for police trickery |
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Term
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Definition
| the justified use of force to protect oneself or others |
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Term
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Definition
| the rule that in order to claim self-defense there must have been no possibility of retreat |
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Term
| battered womans or spouses syndrome |
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Definition
| being the victim of repeated attacks, self defense is sometimes allowed to the victim even when the victim is not in immediate danger |
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Term
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Definition
| a reason for invalidating a statute where a reasonable person could not determine a statute's meaning |
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Term
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Definition
| a reason for invalidating a statute where it covers both protected and criminal activity |
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Term
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Definition
| a constitutional protection against being tried twice for the same crime |
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Term
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Definition
| the right of the police to detain an individual for a brief period of time and to search the outside of the persons clothing if the police have a reasonable suspicion that the individual has committed or is about to commit a crime |
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Term
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Definition
| a suspicion based on specific facts; less than probable cause |
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Term
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Definition
| occurs when the police restrain a persons freedom and charge the person with a crime |
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Term
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Definition
| not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion |
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Term
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Definition
| a courts prior permission for the police to search and seize |
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Term
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Definition
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Term
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Definition
| a warrant that allows the police to enter without announcing their presence in advance |
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Term
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Definition
| without the need for a warrant, the police may seize objects that are openly visible |
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Term
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Definition
| generally, an emergency situation that allows a search to proceed without a warrant |
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Term
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Definition
| the requirement that defendants be notified of their rightd to remain silent and to have an attorney present prior to being questioned by the police |
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Term
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Definition
| the process after arrest that includes taking the defendants personal information, giving the defendant an opportunity to read and sign a miranda card and allowing the defendant the opportunity to use a telephone |
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Term
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Definition
| money or something else of value that is held by the government to ensure the defendants appearance in court |
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Term
| persona recognizance bond |
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Definition
| a defendants personal promise to appear in court |
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Term
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Definition
| a group of people, usually 23, whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it |
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Term
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Definition
| a grand jurys written accusation that a given individual has committed a crime |
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Term
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Definition
| a prosecutors written accusation that a given individual has committed a crime |
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Term
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Definition
| a criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea |
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Term
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Definition
| a process whereby the prosecutor and the defendants attorney agree for the defendant to plead guilty in exchange for the prosecutors promise to charge him or her with a lesser offense, drop some additional charges, or request a lesser sentence |
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Term
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Definition
| a defendants plea meaning that the defendant neither admits nor denies the charges |
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Term
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Definition
| evidence that suggests the defendants guilt |
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Term
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Definition
| evidence that suggests the defendants innocence |
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Term
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Definition
| a request that the court prohibit the use of certain evidence at the trial |
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Term
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Definition
| a rule that states that evidence obtained in violation of an individuals constitutional rights cannot be used against that individual in a criminal trial |
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Term
| fruit of the poisonous tree doctrine |
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Definition
| evidence that is derived from an illegal search or interrogation is inadmissible |
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Term
| motion to require a finding of not guilty |
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Definition
| the defenses request that the court find the prosectution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty |
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Term
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Definition
| the judge informs the jurors of the law they need to know to make their decision |
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Term
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Definition
| a repeat offender; one who continues to commit more crimes |
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Term
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Definition
| a request that the court release the defendant because of the illegality of the incarceration |
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Term
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Definition
| court decisions from a higher court in the same jurisdiction |
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Term
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Definition
| court decisions from an equal or a lower court from the same jurisdiction or from a higher court in a different jurisdiction; also includes secondary authority |
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Term
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Definition
| cases that involve similar facts and rules of law |
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Term
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Definition
| cases that involve different facts and or rules of law |
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Term
| issue of first impression |
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Definition
| an issue that the court has never faced before |
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Term
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Definition
| a court opinion that establishes new law in an important area |
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Term
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Definition
| a decision is overruled when a court in a later case changes the law so that the decision in the earlier case is no longer good law |
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Term
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Definition
| books that contain appellate court decisions. there are both official and unofficial reporters |
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Term
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Definition
| governmental publication of court opinions |
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Term
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Definition
| private publication of court opinions |
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Term
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Definition
| information that tells the reader the name of the case, where it can be located, the court that decided it, and the year it was decided |
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Term
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Definition
| a person who initiates an appeal |
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Term
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Definition
| the party in a lawsuit against whom an appeal has been filed |
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Term
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Definition
| the reference to a particular page within an opinion |
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Term
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Definition
| information about what happened procedurally to the cited case before it was heard by the cited court. do not include this information in a citation |
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Term
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Definition
| information about what happened procedurally to the litigation after the case cited. include this information in a citation |
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Term
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Definition
| summary of one legal point in a court opinion; written by the editors at west |
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Term
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Definition
| a summary of a court opinion that appears at the beginning of the case |
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Term
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Definition
| in a case brief, facts that deal with what happened to the parties before the litigation began |
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Term
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Definition
| in a case brief, facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion |
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Term
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Definition
| the result reached in a particular case |
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Term
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Definition
| a decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done |
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Term
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Definition
| a decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court |
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Term
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Definition
| the new legal principle established by a court opinion |
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Term
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Definition
| a statement in a judicial opinion not neccesary for the decision of the case |
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Term
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Definition
| an opinion that agrees with the majority's result but disagrees with the reasoning |
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Term
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Definition
| an opinion that disagrees with the majority's decision and reasoning |
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Term
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Definition
| in a case brief, the general legal principle in existence before the case began |
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Term
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Definition
| in a case brief, the rule of law applied to the case's specific facts |
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Term
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Definition
| in a case brief, the courts answer to the issue presented to it; the new legal principle established by a court opinion |
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Term
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Definition
| a statement of the court's decision that contains many of the case's specific facts, thereby limiting its future applicability to a narrow range of cases |
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Term
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Definition
| a statement of the courts decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases |
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Term
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Definition
| the tort theory that an employer can be sued for the negligent acts of its employees |
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Term
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Definition
| when a product is not being used for its intended purpose or was being used in a dangerous manner, it is a defense to products liability claim, as long as the misuse wan not forseeable |
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Term
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Definition
| occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will |
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Term
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Definition
| harmful or offensive physical contact |
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Term
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Definition
| an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact |
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Term
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Definition
| occur whenever someone intends an action that results in harm to a persons body, reputation, emotional well-being, or property |
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Term
| restatement of the law of torts |
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Definition
| an authoritative secondary source writeen by a group of legal scholars, summarizing the existing common law as well as suggesting what the law should be |
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Term
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Definition
| all property that is not real property |
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Term
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Definition
| not factually true but accepted by the courts as being legally true |
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Term
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Definition
| an assumption that something that is not real is real |
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Term
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Definition
| law that deals with harm to a person or a persons property |
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Term
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Definition
| stockholders share in the organizations profits but have their liabilities limited to the amount of investment |
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Term
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Definition
| a professional entity in which the owners share in the organizations profits but are not liable for their partners malpractice |
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Term
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Definition
| a court order requiring a party to perform a specific act or to cease doing one |
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Term
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Definition
| a requirement that a party fulfill his or her contractual obligations |
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Term
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Definition
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Term
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Definition
| what the prosecution or plaintiff must be able to prove in order for the case to go to the jurt, the elements of the prosecutions case or the plaintiffs cause of action |
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Term
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Definition
| a claim that based on the law the facts are sufficient to support a lawsuit |
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Term
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Definition
| a defense where by the defendant offers new evidence to avoid judgement |
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Term
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Definition
| power of the federal courts to hear matters if parties are from differnt states and the amount exceeds 75000 |
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Term
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Definition
| the transfer of a case from one state court to another or to a federal court |
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Term
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Definition
| a title given to presiding officer in limited jurisdiction minor courts operated by some states |
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Term
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Definition
| title given to a public official with limited judicial powers |
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Term
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Definition
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Term
| codification of the common law |
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Definition
| the process of legislative enactment of areas of the law previously governed solely by common law |
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Term
| derogation of the common law |
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Definition
| used to describe legislation that changes the common law |
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Term
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Definition
| fairness; a courts power to do justice |
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Term
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Definition
| the papers that begin a lawsuit generally the complaint and the answer |
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Term
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Definition
| the modern pretrial procedure by which one party gains information from the adverse party |
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Term
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Definition
| a person appointed by the court to manage the affairs or property of a person who is imcompetent due to age or other |
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Term
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Definition
| a nonbinding process in which attorneys for both sides present synopses of their cases to a jury |
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Term
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Definition
| courts cannot decide abstract issues or render advisory opinions they are limited to deciding cases that involve litigants who are personally effected by the courts decision |
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Term
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Definition
| a motion brought before the beginning of a trial either to eliminate the neccesity for a trial or to limit the info that can be heard at the trial |
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Term
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Definition
| when the defendant does not have sufficient money or other assets to pay judgment |
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Term
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Definition
| one lawyer owns all assets and recieves all profit and hires attorneys on a regular salary |
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Term
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Definition
| part time working law student or new graduate who does legal research |
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Term
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Definition
| generally someone operating within the law representing persons before administrative agencies |
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Term
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Definition
| a statute establishing and setting out the powers of an admin agency |
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Term
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Definition
| when an appellate court sends a case back to the trial court for a new trial |
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Term
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Definition
| an opinion that disagrees with the majority |
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Term
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Definition
| article four section four of the constittion which provides that the united states "shall guarentee to every state in this union a republican form of govt |
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Term
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Definition
| a law that imposes a penalty for performing an act that was not considered criminal when it was committed or that increases the punishment for a crime after it has been committed |
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Term
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Definition
| an order issued by a court requiring that the govt bring an arrested or detained person before the court to determine whether the person is being legally held |
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Term
| neccesary and proper clause |
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Definition
| congress can make all laws which shall be neccesary and proper for carrying into execution |
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Term
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Definition
| an agreement between two or more states adopted by the state legislatures and often approved by congress in which arrangements are made to deal with interstate problems |
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Term
| interstate rendition clause |
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Definition
| an individual who is charged with a crime in one state and is found in another state may be returned to the state with jurisdiction over the crime |
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Term
| full faith and credit clause |
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Definition
| a provision of article 4 section 1 of the constitution that requires states to honor the final civil ruling of other states |
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Term
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Definition
| business interest groups organized on the basis of a single industry such as steel or coal |
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Term
| professional associations |
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Definition
| organizations of professionals that act as interest groups on affairs concerning their profession |
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Term
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Definition
| the belief that certain principles or rules are right and proper, according to max weber it is based on tradition, charisma and legality |
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Term
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Definition
| an act of legislature that singles out specific persons or groups and orders them to be punished without judicial trial. such acts are prohibited by the constitution |
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