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70 Cards in this Set
- Front
- Back
Immunity
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Is the exemption from a duty or liability that is granted by law to a person, class or persons, or organizations
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Defendent
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Is the person or parties who are being sued
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Battery
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Is the intentional, unpermitted, unprivileged and offensive touching of a person of one individual by another
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Damages
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Is a term used to refer to the money awarded to the plaintiff in a successful civil suit
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In Loco Parentis
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Is a person or organization that assumes parental rights and duties for a minor
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Standard of Care
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Is the level at which the average provider in a community would practice under the same or similar circumstances
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Tort
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Is the law of civil wrongs
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Jurisdiction
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Is the legal authority which a court has over particular persons, certain types of cases, and in a defined geographical area
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Brief
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A __________ is a written summary of the facts and legal points supporting one side of a case.
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Statutory Law
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Is a law originating from and passed by legislative bodies
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Inherent Risks
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Are risks which are integral to an activity. They are assumed by the participant and, therefore, there is no liability for injury that occurs due to inherent risks.
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Contract
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A ___________ is a promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty.
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Constitutional Law
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Deals with the interpretation and implementation of the US Constitution. It deals with some fundamental relationships within our society, which include relationships among the states, the federal government, and the human rights of the individual in relation to both the state and federal government
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Causation
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Is the bringing about of a result, an element in various tests for legal liability
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Arbitration
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Is a legal technique for the resolution of disputes outside the courts, a decision by which both parties are legally bound.
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Fraud
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Is deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage.
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Statute of Limitations
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Is a law defining the period within which legal action may be taken.
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Alternative Dispute Resolution
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Includes dispute resolution processes (negotiation, arbitration, and mediation) and techniques that fall outside of the government judicial process, which serve as alternatives to courtroom adjudication of disputes.
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Summary Judgement
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Is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
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Equal Protection
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Is the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law.
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Amicus Curiae
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Is a legal term referring to a person who volunteers to offer information on a point of law or some other aspect of a case to assist the court in deciding on a matter. This can be in the form of a testimony, or a learned treatise on a matter that bears the case.
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Administrative Law
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Are laws, rules, and regulations developed, adopted and enforced by a specific government agency.
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Collective Bargaining Agreement
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Is a contract that expresses the final negotiation between management and union over the mandatory subjects of their business.
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Punitive Damages
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Are awarded by courts in addition to the compensatory damages in situation in which the defendant's outrageous conduct requires special punishment, in part to discourage similar future conduct.
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Breach of Contract
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Is when one party fails to meet its obligations under law.
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Deposition
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Is the sworn testimony of a witness taken before trial held out of court with not judge present. The witness is placed under oath to tell the truth, where lawyers for each party may then ask questions; the questions and answers are recorded. When a person is unavailable to testify at trail, the deposition of that person may be used. This is part of the pre-trial fact-finding process.
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Discovery
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Is the process used to discover information about the opposing parties in a suit.
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Due Process
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Is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property.
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Notice of appeal
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Is the document a person must file with the trial court in order to pursue an appeal.
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Negligence
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Is an unintentional tort that injures an individual in person, property, or reputation.
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Common Law
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Refers to cases that have been resolved by various courts. The decisions of numerous courts over hundreds of years are combined to form our common law system
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Privilege
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Allows an individual to act in ways normally considered assault and battery. Self-defense and acting in defense of a third party are the most common forms of privilege. In certain situations in which threatening force or touching without consent occur are not assault and battery because of certain special circumstances.
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Mediation
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Is the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result
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Defamation
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Is that which tends to injure reputation; to diminish the esteem, respect, goodwill, or confidence in which the plaintiff is held, or to excite adverse, derogatory or unpleasant feelings or opinions against the plaintiff.
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Trespasser
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Those who are on the property without permission
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Aggravated Battery
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Is a more serious form of battery and is considered a felony. Acts most often defined under aggravated battery are: use of a deadly weapon, battery in which serious bodily injury occurs, and battery against a woman, child, or police officer.
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Copyright
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A legal concept meant to protect those who have put time and energy into some creative project. Copyright law protects artistic endeavors, whereas patent law protects inventions, designs and ideas.
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Title VII of the Civil Rights Act of 1964
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A landmark legislation in the US that outlawed segregation in the US schools and public places
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Patent
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Is a second type of intellectual property. Patent law is designed to advance science and invention. A patent can be obtained for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement".
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Substantive Due Process
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There should be protection of general rights that allow a person the power to possess or do certain things, despite the government's desire to the contrary.
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Hazing
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Subjection to harassment or ridicule.
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Federal Trademark Act of 1946
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Governs the registration of trademarks, trade names, and other identifying marks used in interstate commerce and protects registered trademarks from interference or infringement
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The 14th Amendment
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Requires that states must provide equal protection under the law to all persons within their jurisdictions. In the mid-1900's, it was an instrumental part of the elimination of legal segregation.
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Slander
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Oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.
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Uniform Athlete Agent Act
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Protection of student-athletes from unscrupulous acts. Regulates conduct between athletes and agents.
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Aggravated Assault
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The crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as a gun, knife, sword, ax or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison
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Offer
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A specific proposal to enter into an agreement with another. Offer is essential to the formation of an enforceable contract. An offer and then acceptance of an offer creates a contract
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Sherman Antitrust Act
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Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared to be illegal
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The American with Disabilities Act
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Provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities
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Rule of Reason
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Requires an analysis of the restraint's effect on competition. Looks at whether the restraint has had a substantially adverse effect on competition. One of three tests used to determine a Sherman Antitrust Violation, along with the per se rule and the "quick look" rule of reason
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Business Invitee
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A person who is on the property with the consent of the landowner and who brings an economic benefit to the landowner
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Libel
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A pictorial, written, or printed statement which unjustly defames an individual in a public forum.
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Uniform Arbitration Act of 1955
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The American Bar Association approved this act to establish procedure and policy standards for arbitration. Thirty five states have adopted the UAA, making is possible for arbitrator decisions to be potentially enforceable under federal and state law
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Liberty Interest
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An interest guaranteeing a number of individual freedoms, including the right to personal autonomy, bodily integrity, self-dignity and self-determination.
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Title IX
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Federal law passed in 1972 that requires public educational institutions to give fair and equal treatment to all students, faculty, staff. It is now widely used to allow for equal opportunities in collegiate athletics.
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The Landowner Invitee Theory
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Refers to the standard of care that a land owner owes to persons that he/she invites onto his property. The duty owed to an invitee is the duty to use reasonable and ordinary care. The landowner holds liability for incidents occurred on his/her property
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13th Amendment
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Neither slavery nor involuntary servitude . . . Shall exist within the United States.
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Antitrust Law
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Prohibits a variety of practices that restrain trade, such as price-fixing conspiracies, corporate mergers likely to reduce the competitive vigor of particular markets, and predatory acts designed to achieve or maintain monopoly power
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Comprehensive Internet Gambling Prohibition Act
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A bill introduced in 2000 by Rep. John Conyers that bans internet gambling
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Public Invitee
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Any person on land open to the public or to the class of the public of which the entrant is a member.
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Sovereign Immunity
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The Judicial doctrine that prevents one from filing suit against the government and its political subdivisions without their consent; the immunity of the state and its agencies, departments, boards, institutions, etc.
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Judicial Review
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Is defined as the power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution
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4th Amendment
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Judicially sanctioned search and arrest warrants must be supported by probable cause.
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The D.I.M. Process
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Is a tool to construct a practical and effective risk management program. It involves 3 steps: 1) development of the risk management plan, 2) implementing of the risk management plan, 3) managing the risk management plan
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Licensee
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Is a person given a license by the government or under private agreement.
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Recreational User
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Means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency of the state, or a lease payment or fee paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, or swim, or to operate a snowmobile, all-purpose vehicle, or four-wheel drive motor vehicle, or to engage in other recreational pursuits.
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Good Samaritan Law
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Intended to provide immunity from liability for certain parties who voluntarily and gratuitously come to the aid of injured persons.
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Breach of Fiduciary Duty
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Breaking of trust, not acting for another's benefit in matters connected with his undertaking
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Writ of Certiorari
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Common law writ issued by a superior court of inferior jurisdiction demanding the record of a particular case
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Professional and Amateur Act
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Prohibits authorized or licensed gambling on professional or amateur sports in the United States
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