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Details

Torts
Torts
33
Criminology
Professional
10/11/2016

Additional Criminology Flashcards

 


 

Cards

Term
Res Ipsa Loquitor
Definition

The thing speaks for itself

Evidence unavailable to plaintiff but available to defendant

Shifts the burden of proof to defendant

only used when plaintiff is at a disadvantage

Term
Tort
Definition

A wrong doing to a person or his or her property

Tort is a civil (as opposed to a criminal) wrong, other than a breach of contract

 

Term
Torfeasor
Definition

The person causing the harm

 

Term
Common Law
Definition

Develops from decisions following court trials

All case law or the case law made by judges in the absence of statues

Law made through interpretation of judge

 

Term
Statutory Law
Definition

Written Laws

Laws passed through legislation

Term
Negligence
Definition
Term
Estate
Definition
All property left by someone who has died
Term
Civil Law
Definition
A violation of civil law does not directly harm the community; person harmed sues the violator
Term
Court
Definition
Tribunal or forum where the trial occurs, as well as the judge himself. The judge is the trier of law at the trial.
Term
Liable
Definition
Legally repsonsible
Term
Damages
Definition
An amount of money paid to atone for injury or economic loss.
Term
Doctrine
Definition
A legal concept generally accepted by most courts which. although often not law, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine.
Term
Joint and Several Liability
Definition
When multiple defendants may be found liable as a group (jointly) or seperately (several).
Term
Retainer
Definition
Money paid to attorney to secure services. Also referred to the contract between attorney and client. When the attorney has been retained works in representative capacity on behalf of the client.
Term
Appearance
Definition
When an attorney acts on behalf of a client in court. May be a personal appearance in front of the judge or the filing of a document (complaint or motion) with the court on behalf of the client.
Term
Attorney-of-Record
Definition
Once an attorney has entered an appearance, he or she is the attorney on record.
Term
Venue
Definition
The place of trial; the physical location.
Term
Diversity of Citizenship
Definition
When a federal court hears a case based upon the fact the parties are from different states, and that the money claimed as damages exceeds a minimum set by federal statue, which is currently $75,000.
Term
Plaintiff
Definition
The party who initiates the action by filing a complaint, claiming injury or harm.
Term
Statue of Limitations
Definition
The time limit for filing suit. Suits filed after the time limit will be dismissed. The clock normally starts to tick at the time damages occur.
Term
Summons
Definition
Document that informs the defendent that he is being sued and that he has a specific amount of time to respond.
Term
Complaint
Definition
The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons.
Term
Parties
Definition
Individauls or groups involved in a legal action.
Term
Cause of Action
Definition
A legally valid reason to sue; one of the required elements of a complaint.
Term
Information and Belief
Definition
A common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement. Equivalent to saying "That is what I believed happened".
Term
Defendant
Definition
The party against whom a complaint is filed.
Term
Ad Damnum Clause
Definition
Element of a complaint that asks for damges; also called "wherefore clause"  or "prayer of relief".
Term
Co-Defendants
Definition
Multiple defendants in a legal action.
Term
Pleading
Definition
A document filed with the court asking the court to take some specific legal action. A motion that asks the court to rule on a precedural matter. A pleading states a party's position in a legal matter.
Term
Allegation
Definition
A fact claimed by a party.
Term
Jury Trial
Definition
A jury is a group of citizens selected from the community to determine the outcome of the case. If both parties agree, the judge may act in place of the jury.
Term
Filed
Definition
A document is filed when it is presented to the clerk of court. All documents and any copies are date stamped at the time of filing by clerk of court.
Term
Service or Served
Definition
The presentation of legal papers.
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