Term
|
Definition
| When even a minor change in the facts can change the outcome |
|
|
Term
|
Definition
| A claim that is based on the law and the facts are sufficient to support a lawsuit |
|
|
Term
|
Definition
| The process of finding the law |
|
|
Term
|
Definition
| The application of legal rules to a client's specific factual situation |
|
|
Term
|
Definition
| The doctrine stating that normally once a court has decided one way on a particular issue in the past, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given a similar set of facts unless they can be convinced of th need for change |
|
|
Term
|
Definition
| One or more prior court decisions |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Examples include case briefs, law office memoranda, and documents filed with the court |
|
|
Term
|
Definition
|
|
Term
|
Definition
| The papers that begin a lawsuit, generally the complaint |
|
|
Term
|
Definition
| The modern pretrial procedure which one party gains information from adverse party |
|
|
Term
| Why does the study of law involve more than simply memorizing rules? |
|
Definition
| The study of law involves more than simply memorizing rules because laws constantly change |
|
|
Term
|
Definition
| The application of legal rules to a client's specific factual situation |
|
|
Term
| What is the doctrine of "stare decisis" and why is it important? |
|
Definition
| The doctrine of stare decisis is a doctrine saying that if a court makes a certain ruling on a certain case that it will normally make the same to similar.. and also including courts within the jurisdiction. |
|
|
Term
| Why is it important to know whether a client's facts are analogous to or distinguishable from those in prior court decisions? |
|
Definition
| It is important to know whether or not a client's facts are analogous or distinguishable because it will help firms determine the success of a case |
|
|
Term
| What is cause of action? What does it mean to say that a person does not have a valid cause of action? |
|
Definition
| Cause of action is a claim based on the law and the facts are suffienct to support a lawsuit. When a person doesn't have a valid cause of action they are making a claim that isn't backed up by the law. |
|
|
Term
| Why is there no one "right" answer to a legal problem? |
|
Definition
| There is no one "right" answer to a legal problem because there are two different viewpoints |
|
|
Term
| Should it be the attorney or the paralegal who signs a client letter that analyzes the law? Why? |
|
Definition
| The attorney should sign the client letter because they are the ones with the education level to be responsible for the information that is being provided. |
|
|
Term
|
Definition
| Summarize specific court decisions to assist with analyzing |
|
|
Term
| Define "law office memorandum" |
|
Definition
| Unbiased analysis of a clients case for use within a law firm |
|
|
Term
|
Definition
| Written to persuade an appeals court of the merits of the clients case. |
|
|
Term
|
Definition
| Legally binding agreement that creates an obligation to do or refrain from doing something. |
|
|
Term
| What are the names of the two major paralegal associations? |
|
Definition
| NALA & NFPA.. National Association of Legal Assistants and National Federation of Paralegal Associations |
|
|
Term
| How do traditional paralegals differ from freelance paralegals? |
|
Definition
| Traditional paralegals work out of an office and are loyal to one firm, freelance pick and choose who they want to work with and have multiple cases |
|
|
Term
| How do freelance paralegals differ from legal technicians? |
|
Definition
| Freelance = Has legal supervision, legal tech = no supervision |
|
|
Term
| T/F Paralegal and legal assistant are usually seen as synonymous terms? |
|
Definition
|
|
Term
| T/F The term independent paralegal can sometimes refer to freelance paralegals and sometimes to legal technicians. |
|
Definition
|
|
Term
| What are the requirements for becoming an attorney? |
|
Definition
| ABA-accredited Bachelors degree, passing of state bar exam, and licensed |
|
|
Term
| What's the requirements to become paralegal? |
|
Definition
|
|
Term
| When did formal education begin? |
|
Definition
|
|
Term
| What role does ABA play in paralegal education? |
|
Definition
| By offering formal standards, education and a leg up on people who are not qualified through ABA |
|
|
Term
| What is involved in the process of registration? |
|
Definition
| Process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency. |
|
|
Term
| What are the major differences between certification and licensure? |
|
Definition
| certification means someone completed formal paralegal program and licensure refers to governmental agencies coming up with standards to only employ with those that meet them. |
|
|
Term
| Who has the right to use the title Certified Legal Assistant? |
|
Definition
| Only if they completed the requirements of NALA's voluntary certification program. |
|
|
Term
| What are 3 ethical issues of which paralegals must be particularly aware? |
|
Definition
| Paralegals cannot give legal advice, attorneys and staff must respect confidentiality of client-attorney relationship, clients expect attorneys to be loyal to them |
|
|
Term
| What are the 4 basic tasks that most paralegals perform? |
|
Definition
| communications, research, drafting, and case management. |
|
|
Term
| What is the differences among a partnership, a professional corporation, and a limited liability partnership? |
|
Definition
Partnership- work coop on case taken by firm. one is associate and one is partner.
Professional corporation-limits attorneys' financial liability
Limited liability partnership- partnership without partner assuming liability for each others' actions |
|
|
Term
| What is the difference between a sole proprietorship and an office-sharing arrangement? |
|
Definition
Sole proprietorship- lawyer owns all of assets of business and receives profits and loss.
Office sharing- 2 or more attorneys share office, receptionist, etc. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| National Association of Legal Assistants |
|
|
Term
|
Definition
| National Federation of Paralegal Associations |
|
|
Term
|
Definition
| law student or recent law graduate who hasn't passed the bar exam |
|
|
Term
|
Definition
| someone who organizes and files documents. |
|
|
Term
|
Definition
| Legal representation for free |
|
|
Term
|
Definition
| handle case without lawyer |
|
|
Term
|
Definition
|
|
Term
| What are the two functions? |
|
Definition
1- Establish an organizational structure that allocates governmental powers.
2- Provides framework within all our laws are made |
|
|
Term
| What is the power of judicial review and why is it so important to our legal system? |
|
Definition
| Courts power to review statutes o decide if they conform to the federal or state constitution |
|
|
Term
| Why do constitutions and statutes frequently include ambiguous language? |
|
Definition
| It was written 200 years ago, results of sloppy draftsmanship, or may be intentionally inserted to avoid creating conflict. |
|
|
Term
| How do courts become involved in the legislative process? |
|
Definition
| If they disagree with a statute, Congress will amend them. |
|
|
Term
| Who has the final say as to what a statute means, the legislature or the courts? |
|
Definition
|
|
Term
| Who has the final say as to the constitutionality of a statute, the legislature or the courts? |
|
Definition
|
|
Term
| How are statutes and administrative regulations similar? How do they differ? |
|
Definition
| They are both laws. Statutes are enacted by state legislature or by Congress. Regulations are a law promulgated by admin agency |
|
|
Term
| Why are admin agencies referred to as the fourth branch of gov't |
|
Definition
| They combine legislative, executive, and judicial functions |
|
|
Term
| What impact did the Norman Conquest have on the American Legal system? |
|
Definition
| Introduced the infusion of French and Latin words into legal vocab and created new method for problem solving |
|
|
Term
|
Definition
| Law created by the courts |
|
|
Term
| Why were equity courts created? And what special powers were they given? |
|
Definition
| When money is not what the litigant wants. Such as injunction.. perform certain act or cease specific act |
|
|
Term
|
Definition
| Study of law and legal philosophy |
|
|
Term
|
Definition
| philosophy that there are ideal laws that can be discovered thru careful thought and humanity's innate sense of right and wrong |
|
|
Term
|
Definition
| Theory that validity of a law is determined by the process that it was made rather than degree that it reflects natural law principles |
|
|
Term
|
Definition
| Theory that views law as complete and autonomous system of logically consistent principles that judges find correct result from making logical deductions |
|
|
Term
|
Definition
| Philosophy that judges decide cases based on factors other than logic and pre existing rules like other factors |
|
|
Term
|
Definition
| Approach to constitutional interpretation that says text of Constitution means exactly as it says |
|
|
Term
| Define evolutionary approach |
|
Definition
| Constitutional approach that judges seek underlying purpose that drafters had in mind at the time they wrote the law |
|
|
Term
| Define constitutional law |
|
Definition
| Principles and rules that are either expllicitly state in, or from Constitution and individual states |
|
|
Term
| Define separation of powers |
|
Definition
| Division of power among legislative, executive, and judicial brances |
|
|
Term
| Define checks and balances |
|
Definition
| Division in branches that acts as a check on the power of the other two maintaining a blance |
|
|
Term
|
Definition
| system that authority to govern is split between a single, nationwide central gov't and several regional gov'ts that control geographical areas |
|
|
Term
| Define power of judicial review |
|
Definition
| Courts power to review statutes to decide if they conform to the federal or state constitution |
|
|
Term
|
Definition
| law enacted by state legislature or by Congress |
|
|
Term
| define administrative law |
|
Definition
| rules and regs created by administrative agencies |
|
|
Term
|
Definition
| law promulgated by an administrative agency |
|
|
Term
|
Definition
| statute establishing and setting out the powers of an admin agency |
|
|
Term
|
Definition
| court order requiring a party to perform a specific act or to cease doing a specific act |
|
|
Term
| What are the 3 different ways that attorneys categorize the law? |
|
Definition
| Federal/State law, Civil/Criminal law, Substantive/Procedural law |
|
|
Term
| What is the difference between substantive and procedural law? |
|
Definition
substantive law is the legal rights and duties
procedural law is rules that govern how legal system operates |
|
|
Term
| In terms of the type of harm caused, what is the difference between civil and criminal law? |
|
Definition
civil is harm to person
criminal is harm to society |
|
|
Term
|
Definition
| our governent.. division of powers etc |
|
|
Term
| T/f Every state must have the same laws regarding gambling. Why? |
|
Definition
| False. Each state has the power to create laws they deem appropriate regarding health, safety, moral, etc |
|
|
Term
| What does it mean to say that the fed govt is a govt of limited powers? |
|
Definition
| Congress must have authority from Constitution to use their powers |
|
|
Term
| Why are some areas of the law preempted by the fed govt? |
|
Definition
| the fed govt prevents state and local govt from making laws that interfere with fed govt |
|
|
Term
| When is burden of proof beyond a reasonable doubt and when is it preponderance of evidence |
|
Definition
| beyond a reasonable doubt means it's almost 100% and preponderance of evidence is more than likely |
|
|
Term
| What two basic elements must be established for the govt to prove prima facie case in a criminal case |
|
Definition
mens rea - bad intent
actus reus - bad act |
|
|
Term
| why can the same act constitute several different crimes |
|
Definition
| can be charged with civil act and criminal act |
|
|
Term
| what are the two basic defense to a criminal action |
|
Definition
| justifies the act (self defense) and negates requisite intent (insanity) |
|
|
Term
| in a criminal case, does the govt or the defendant present its case first? why |
|
Definition
|
|
Term
| what is the general definition of a civil cause of action |
|
Definition
| claim based on law and facts are sufficient to support the lawsuit |
|
|
Term
| what are the 3 types of damages in a civil case? |
|
Definition
| compensatory, punitive, and nominal |
|
|
Term
| what must be present for a contract to be valid? |
|
Definition
| an offer and acceptance of offer |
|
|
Term
| what's the basic difference between contract and a gift? |
|
Definition
| contract is 2 sided, gift law is 1 sided |
|
|
Term
| main 3 areas of a tort law |
|
Definition
| intentional, negligent, and strict liability |
|
|
Term
| gen def of negligence and list elements necessary to prove prima facie case |
|
Definition
| failure to act reasonably under circumstances.. need bad intent and bad act |
|
|
Term
| main defenses to negligence |
|
Definition
| contributory negligence and assumption of risk |
|
|
Term
| define doctrine of implied powers |
|
Definition
| powers not state in constitution but are necessary for congress to carry out |
|
|
Term
| define affirmative defense |
|
Definition
| defendant offers new evidence to avoid judgement |
|
|
Term
| define sovereign immunity |
|
Definition
| prohibits suing the govt without govts consent |
|
|
Term
|
Definition
| not factually true but accepted by courts as being legally true |
|
|
Term
|
Definition
| assumption that something is real - when it is not in fact real |
|
|
Term
|
Definition
| harm to person or persons property |
|
|
Term
|
Definition
| committed by one who intends to do the act that creates the harm |
|
|
Term
|
Definition
| liability without showing a fault |
|
|
Term
|
Definition
| law that creates rights and duties |
|
|
Term
|
Definition
| law that regulates how the legal system operates |
|
|
Term
| What are the two basic functions of trial court |
|
Definition
| determine whose facts are credible and then apply law to those facts |
|
|
Term
| What's the diff between question of law and question of fact |
|
Definition
| question of law is relating to the interpretation or application of the law and question of fact is who what when where how |
|
|
Term
| What's the difference between bench and a jury trial |
|
Definition
| bench trial the judge decides whereas the jury trial decides by jury |
|
|
Term
| What will an appellate court do if it finds that the trial court made a harmless error? |
|
Definition
|
|
Term
| what is the difference between reversing and remanding a case? |
|
Definition
| reversing a case is over ruling the case, remanding the case is forcing a retry |
|
|
Term
| how do majority, dissenting, and concurring opinions differ from each other |
|
Definition
| majority opinion means they agree completely, concurring is agree with outcome but not reason and dissenting is disagree |
|
|
Term
| major differences between trial and appellate courts |
|
Definition
| trial courts are the initial reviewer of the case and appellate courts are the court reviews how the trial court saw the case |
|
|
Term
| Name for highest appellate court |
|
Definition
|
|
Term
| name for intermediate appellate court |
|
Definition
|
|
Term
|
Definition
|
|
Term
| if you hear that cert. has been denied in a case, what does it mean? |
|
Definition
| it is for the writ of certiorari and it means that the request to gain an appellate review was denied |
|
|
Term
| in the federal system, what are the inferior courts? |
|
Definition
| all courts that arent supreme court |
|
|
Term
| t/f in every state the highest appellate court is called the supreme court |
|
Definition
|
|
Term
| what are the 2 major grounds for gaining federal court jurisdiction |
|
Definition
| federal question jurisdiction and diversity jurisdiction |
|
|
Term
|
Definition
| the power of the court to hear the case |
|
|
Term
|
Definition
| courts that determine the facts and apply law to facts |
|
|
Term
| define appellant or petitioner |
|
Definition
| the party in a case who initiated an appeal |
|
|
Term
| define appellee or respondant |
|
Definition
| the party in a case who an appeal has been filed |
|
|
Term
| define general jurisdiction |
|
Definition
| court power to hear any type of case arising within its geographical area |
|
|
Term
| define limited jurisdiction |
|
Definition
| courts power to hear only specialized cases |
|
|
Term
|
Definition
| court order requiring a person to testify at trial or desposition |
|
|
Term
|
Definition
| when an appellate court normally sits in panels sits as a whole |
|
|
Term
| define constitutional court |
|
Definition
| court established by article iii of us constitution |
|
|
Term
| define legislative courts |
|
Definition
| court created under congress' article i powers |
|
|
Term
|
Definition
| court where permanent record is kept of the testimony, lawyers remarks, and judges rulings |
|
|
Term
| define general jurisdiction |
|
Definition
| courts power to hear any type of case arising within geographical area |
|
|
Term
| define limited jurisdiction |
|
Definition
| courts power to hear only special cases |
|
|
Term
| define exclusive jurisdiction |
|
Definition
| when only one court has the power to hear a case |
|
|
Term
| define concurrent jurisdiction |
|
Definition
| when more than one court has jurisdiction to hear case |
|
|
Term
| define federal question jurisdiction |
|
Definition
| power of fed courts to hear matters of federal law |
|
|
Term
| define diversity jurisdiction |
|
Definition
| power of fed courts to hear matters of state law if both parties are of diff states and money exceeds 75k |
|
|
Term
|
Definition
| transfer of case from one state court to another or from state court to fed court |
|
|
Term
| what are the most common forms of ADR |
|
Definition
|
|
Term
| what types of disputes are best suited to resolution through ADR |
|
Definition
|
|
Term
| what proponents of ADR see as the advantages of ADR over traditional litigation? |
|
Definition
|
|
Term
| what are the three basic stages of civil litigation |
|
Definition
| pleadings, pretrial motions, discovery |
|
|
Term
| what are the most common forms of ADR |
|
Definition
|
|
Term
| what types of disputes are best suited to resolution through ADR |
|
Definition
|
|
Term
| what proponents of ADR see as the advantages of ADR over traditional litigation? |
|
Definition
|
|
Term
| what are the three basic stages of civil litigation |
|
Definition
| pleadings, pretrial motions, discovery |
|
|
Term
| define pleading in the alternative |
|
Definition
| including more than 1 count in a complaint; counts do not need to be consistent |
|
|
Term
|
Definition
| affidavit signed by client indicating that they have read the complaint and that its contents are correct |
|
|
Term
|
Definition
| notice informing defendant of the lawsuit |
|
|
Term
|
Definition
| in a complaint, one cause of action |
|
|
Term
|
Definition
| delivery of a pleading or other paper in a lawsuit to the opposing party |
|
|
Term
|
Definition
| being informed of some ac done or about to be done |
|
|
Term
| define affirmative defense |
|
Definition
| defense that the defendant offers new evidence to avoid judgement |
|
|
Term
|
Definition
| judgement entered against a party who fails to complete a required step, such as answering the complaint |
|
|
Term
|
Definition
|
|
Term
|
Definition
| request that court find the plaintiff has failed to state a valid claim and dismiss the complaint |
|
|
Term
| define rule 56 motion. summary judgement momtion |
|
Definition
| request that court grant favor of the moving party bc there is no genuine issue |
|
|
Term
|
Definition
| written questions sent by one side to the opposing side, answered under oath |
|
|
Term
|
Definition
| pretrial oral questioning of a witness under oath |
|
|
Term
|
Definition
| person who is being asked questions at a deposition |
|
|
Term
|
Definition
| request that the court order that certain info not be mentioned in the presence of the jury |
|
|
Term
| define peremptory challenge method |
|
Definition
| method for excusing a prospective juror, no reason need to be given |
|
|
Term
| define challenge for cause |
|
Definition
| method for excusing a prospective juror based on the jurors in ability to serve in an unbiased manner |
|
|
Term
| define peremptory challenge |
|
Definition
| method for excusing a prospective juror; no reason need be given |
|
|
Term
| define direct examination |
|
Definition
| the questioning of your own witness |
|
|
Term
|
Definition
| question that suggests the answer, generally leading question may not be asked during direct examination of witness |
|
|
Term
|
Definition
| the questioning of an opposing witness |
|
|
Term
|
Definition
| verdict ordered by trial judge if the plaintiff fails to present a prima facie case or if defendant fails to present a necessary defense |
|
|
Term
| define pattern jury instructions |
|
Definition
| set of standardized jury instructions |
|
|
Term
|
Definition
| the opinion of a jury on a question of fact |
|
|
Term
|
Definition
| trial ended by the judge bc of a major problem, such as prejudicial statement by one of the attorneys |
|
|
Term
|
Definition
| the decision of the court regarding the claims of each side. it may be based on a jurys verdict |
|
|
Term
|
Definition
| court order authorizing a sheriff to take property in order to enforce a judgement |
|
|
Term
| define a judgement notwithstanding the verdict |
|
Definition
| judgement NOV that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law |
|
|
Term
| define motion for a new trial |
|
Definition
| request that the court order a rehearing of a lawsuit because irregularities, such as errors or the court or jury |
|
|
Term
|
Definition
| attorneys written argument presented to an appeals court, setting forth a statement of the law as it should be applied to the clients facts |
|
|
Term
|
Definition
| standard used by appellate courts when reviewing a trial courts findings of fact |
|
|
Term
|
Definition
| trial court error that is not sufficient to warrant reversing the decision |
|
|
Term
|
Definition
| error made by the trial judge sufficiently serious to warrant reversing the trial courts decision |
|
|
Term
|
Definition
| formal govt enactments that lay down specific requirements or prohibitions in the form of constitutions, statutes, ordinances, and admin regs |
|
|
Term
|
Definition
| statutory citation is a formalized method for referring to a statues chapter or title and section numbers |
|
|
Term
|
Definition
| a form in which statues are published; they are printed individually at the time they are first enacted. |
|
|
Term
| define statutes at large or session laws |
|
Definition
| chronological publication of statutes at the end of a legislative session |
|
|
Term
|
Definition
| compilation of fed or state statutes in which the statutes are organized b subject matter rather than by year of enactment |
|
|
Term
| define annotated statutes |
|
Definition
| privately published statutory code that features editorial features such as summaries of court opinions that have interpreted the statutes |
|
|
Term
|
Definition
| separable part of a statute that must be satisfied for the statute to apply |
|
|
Term
|
Definition
| when the law is applied to the clients facts and the result is not obvious, an issue is created |
|
|
Term
| define legislative intent |
|
Definition
| the purpose of the legislature at the time it enacted the statute |
|
|
Term
|
Definition
| method for interpreting statutes in which the ordinary meaning of the statutes language is examined |
|
|
Term
| define canons of construction |
|
Definition
| general principles that guide the courts in their interpretation of statutes |
|
|
Term
|
Definition
| a canon on construction meaning "of the same class" |
|
|
Term
| define strict construction |
|
Definition
| an approach whereby the courts give a statute narrow interpretation |
|
|
Term
| define statute in derogation of the common law |
|
Definition
| a statute that changes the common law |
|
|
Term
|
Definition
| statute enacted to correct a defect in prior law or to provide a remedy where non existed |
|
|
Term
| define liberal construction |
|
Definition
| an approach whereby the courts give a statute broad interpretation |
|
|
Term
| define legislative history |
|
Definition
| background documents created during the process of a bill becoming a statute |
|
|
Term
| define road map paragraph |
|
Definition
| intro paragraph listing issues to be discussed in the order they are to be discussed |
|
|
Term
|
Definition
| technique used to help reader move from one thought to the net and or see the connections between them |
|
|
Term
| define concluding paragraph |
|
Definition
| final paragraph in a written legal analysis that summarizes the writers conclusions |
|
|
Term
| define code of federal regulations |
|
Definition
| CFR is a compilation of fed admin regs arranged by agency |
|
|
Term
|
Definition
| approach to constitutional interpretation that narrowly interprets the text of the constitution |
|
|
Term
| define living constitution |
|
Definition
| judicial philosophy that seeks to interpret the constitution in light of existing societal values |
|
|
Term
| define judicial restraint |
|
Definition
| philosophy that supports a limited role for the judiciary in changing the law, including deference to the legislative branch |
|
|
Term
|
Definition
| philosophy that supports an active role for the judiciary in interpreting the law |
|
|
Term
|
Definition
| court in a later case changes the law so that the decision in the earlier case is no longer good law |
|
|
Term
|
Definition
| books that contain appellate court decisions. both official and unofficial reporters |
|
|
Term
| define appellant or petitioner |
|
Definition
| person who initiates an appeal |
|
|
Term
| define appellee or respondent |
|
Definition
| party in lawsuit whom an appeal has been filed |
|
|
Term
|
Definition
| references to a particular page within an opinion |
|
|
Term
|
Definition
| in a case brief, the general legal principle in existence before the case began |
|
|
Term
|
Definition
| courts answer to the issue presented to it; new legal principle established by court opinion |
|
|
Term
|
Definition
| statement of the courts decision that contains many of the cases specific facts, thereby limiting its future applicability to a narrow range of cases |
|
|
Term
|
Definition
| statement of 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 |
|
|
Term
|
Definition
| generally accepted legal princples |
|
|
Term
| define american jurisprudence second |
|
Definition
| am jur 2d general legal encyclopedia that summarizes the entire body of American law |
|
|
Term
| define corpus juris secundum |
|
Definition
| cjs wests law encyclopedia |
|
|
Term
|
Definition
| book that summarizes, interprets, and evaluates the law |
|
|
Term
|
Definition
| series of books, the restatements of the law, summarizing the basic principles of the common law, written by the american law institute |
|
|
Term
| define american law reports |
|
Definition
| AIR contains the full text of leading court opinions, followed by a discussion of the issue with references to cases from around the country. |
|
|
Term
|
Definition
| statutes arranged by subject matter as well as editorial material, such as legislative history and summaries of court decisions interpreting the statutes |
|
|
Term
|
Definition
| process of organizing statutes by subject matter |
|
|
Term
| define subsequent case history |
|
Definition
| info about what happened procedurally to the litigation after the case cited. |
|
|
Term
|
Definition
| how subsequent cases have affected the case you are sherpardizing. sometimes 1 letter word before shepards citation |
|
|
Term
|
Definition
| process of using shepards citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions |
|
|
Term
|
Definition
| case listed in shepards that cites your case |
|
|
Term
|
Definition
| case you are shepardizing |
|
|
Term
|
Definition
| a term used to describe a case that is similar to another case |
|
|
Term
|
Definition
| term used to describe two cases that are almost identical, with similar facts and legal issues |
|
|
Term
|
Definition
| the way a question of fact is established |
|
|
Term
|
Definition
| a belief that justifies one in arguing a conclusion |
|
|
Term
| define deductive reasoning |
|
Definition
| form of logical reasoning based on a major premise, minor premise, and a conclusion |
|
|
Term
|
Definition
| deductive reasoning, statement of a broad proposition that forms the starting point. in law, the statement of a legal rule that you can find in a statute or court opinion |
|
|
Term
|
Definition
| deductive reasoning, the second proposition which along with the major premise leads to the conclusion; in law, the minor premise consists of the clients facts |
|
|
Term
| define restatement of the law of torts, second |
|
Definition
| an authoritative secondary source written by a group of legal scholars, summarizing the existing common law as well as suggesting what the law should be |
|
|
Term
| define transferred intent |
|
Definition
| legal fiction that if a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B |
|
|
Term
|
Definition
|
|
Term
|
Definition
| remarks considered to be so harmful that they are automatically viewed as defamatory |
|
|
Term
|
Definition
| making a defamatory remark either knowing the material was false or acting with a reckless disregard for whether or not it was true |
|
|
Term
|
Definition
| an intentional unauthorized exploitative use of another persons personality name or picture for the defendants benefit |
|
|
Term
|
Definition
| intentional false portrayal of someone in a way that would be offensive to a reasonable person |
|
|
Term
| define loss of consortium |
|
Definition
| the loss by one spouse of the other spouses companionship services or affection |
|
|
Term
|
Definition
| acting in an improper or wrongful way |
|
|
Term
|
Definition
|
|
Term
|
Definition
| "the thing speaks for itself" the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent |
|
|
Term
|
Definition
| also known as cause in fact, this is measured by the "but for" standard. but for the defendants actions the plaintiff would not have been injured |
|
|
Term
| define market share theory |
|
Definition
| legal theory that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown |
|
|
Term
|
Definition
| once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability |
|
|
Term
| define contributory negligence |
|
Definition
| negligence by the plaintiff that contributed to his or her injury. normally it is a complete bar to the plaintiffs recovery. |
|
|
Term
|
Definition
| the doctrine that states that despite the plaintiffs contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident |
|
|
Term
| define exculpatory clause |
|
Definition
| a provision that purports to waive liability |
|
|
Term
| define comparative negligence |
|
Definition
| a method for measuring the relative negligence of the plaintiff and the defendant with a commensurate sharing of the compensation for the injuries |
|
|
Term
|
Definition
| liability without having to prove fault |
|
|
Term
| define ultrahazardous activities |
|
Definition
| those activities that have an inherent risk of injury and therefore may result in strict liability |
|
|
Term
| define products liability |
|
Definition
| theory holding manufacturers and sellers liable for defective products when the defects make the productss unreasonably dangerous |
|
|
