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21 Cards in this Set
- Front
- Back
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Personal Jurisdiction |
The power of the court to adjudicate claims against defendants and render a binding judgment |
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Negligence Per Se |
Negligence created by the violation of a statute in which the injured party is a member of the class the statute is designed to protect |
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Specific Personal Jurisdiction |
A court's ability to exercise jurisdiction over a defendant who has established minimal contacts within the forum state |
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Long-Arm Statute |
State laws that identify the range of circumstances in which a state may exercise personal jurisdiction over a defendant |
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UCC |
Governs the sale of moveable goods and contracts between merchants |
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General Jurisdiction |
The power of a court to exercise jurisdiction over a defendant who has continuous, systematic, and pervasive contacts within the forum |
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Adverse Possession |
Acquiring title to another's property after a statutory period under certain conditions: actual, continuous, exclusive, open and notorious, hostile to true owner |
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Copyright Infringement |
The unauthorized copying of a plaintiff's copyrighted work and an ordinary observer would conclude the defendant's work was substantially similar to plaintiff's work |
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Consideration |
A bargained for exchange where what is bargained for has legal value |
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Mailbox Rule |
Acceptance is determined upon deposit in a mailbox unless a contract specifies another method of acceptance |
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Revocation of an Offer |
Revocation must be communicated prior to acceptance or prior to the start of performance for a unilateral contract. |
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Minimum Contacts |
Determines when a court can exercise personal jurisdiction over a defendant from another state and cannot offend traditional notions of fair play and substantial justice |
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Reasonableness Factors for Minimum Contacts |
Burden on the defendant, forum state interest, plaintiff interests, judicial efficiency (location of evidence and witnesses), public policy |
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Trademark |
Protects marks used in commerce and can be any word, symbol, name, or device to distinguish goods sold by one person from those of others |
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Promissory Estoppel |
The promisor reasonably expects his promise to induce action or forbearance, his promise does induce forbearance, and injustice can only be avoided by enforcement |
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Patent |
Protects for a limited time new technology that is non- obvious and provides some useful benefit to humans |
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Reasonable Care Standard for a Child |
A child's actions are compared with the conduct of other children of same age, experience, and intelligence |
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Copyright: Fair Use Doctrine |
A doctrine designed to avoid claims for minor uses of copyrighted material that doesn't significantly damage owner's rights |
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Intentional Infliction of Emotional Distress |
Extreme and outrageous conduct intended to cause, or likely to cause, severe emotional distress |
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False Imprisonment |
The unlawful detention of another against their will to a bounded area for a period of time and the person is aware of the detention with no reasonable means of escape |
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Res Ipsa Loquitur |
A type of injury usually associated with negligence in which the defendant has exclusive control of the instrument causing injury, the plaintiff has no causal contribution to the harm, and defendant has access to information that is superior to the plaintiff |
