Bus L201

Front 1

Commerce clause

Back 1

allows congress to regulate interstate congress

Hint 1

Products are normally covered by interstate congress, they have a market that can be open to other states

Front 2

Statutory Laws

Back 2

are up for interpretation, laws are often written vaguely so that they can be applied uniquely as time continues and allows for a greater development of the law in the future

Front 3

in personam jurisdiction

Back 3

based on esidence, location, or activities of the defendant. A state court has in personam jurisdiction over residents of the states, even while they're out of the state; or when the defendant is within the state border's while the crime is committed.

Front 4

diversity jurisdiction

Back 4

federal court steps in for out of state defendants when the matter is more than $75,000. to protect out of state defendants from biased state courts.

Front 5

exclusive jurisdiction

Back 5

when one court can only reside over the case at hand

Front 6

concurrent jurisdiction

Back 6

multiple courts have the authority to rule on the case at hand

Front 7

original jurisdiction

Back 7

implies that the case is brought forth in a trial matter

Front 8

pleadings

Back 8

documents the parties file with the court when they first state their respective claims and defenses

Hint 8

include the complaint, the answer, and in some jurisdictions, the reply

Front 9

complaint

Back 9

states the plaintiff's claim in separate, numbered paragraphs. must show significant evidence that the plaintiff deserves legal relief

Front 10

answer

Back 10

response from the defendant, can agree to be guilty or innocent with affirmative defense

Hint 10

affirmative defense which when successful enables the defendant to win the case even if f all the allegations in the complaint are true and would have entitled the plaintiff to recover

Front 11

motion to dismiss

Back 11

the defendant claims that there is nothing that requires the law to act on. defense wins

Front 12

motion for judgment on the pleadings

Back 12

the defendant is to be sentenced based on his statement of their illegal activity

Front 13

demurrer

Back 13

"So what?"

Front 14

summary judgment

Back 14

way of disposing of fairly clear cases with rulings on the factual determinations.

Front 15

arbitration

Back 15

allowing nonjudicial third part to issue a binding decision resolving the dispute

Front 16

tort

Back 16

a civil wrong that is not a breach of contract

Hint 16

4 types: Intent, Recklessness, Negligence, Strict liability

Front 17

compensatory damages

Back 17

rewards given for compensation of a the defendant's wrongful act

Front 18

punitive damages

Back 18

rewards given to punish flagrant wrong doers

Front 19

Battery

Back 19

the intentional and harmful or offensive touching of another without consent.

Hint 19

the intent required for battery is either: 1)the intent to cause harmful or offensive contact 2) the intent to cause apprehension that such contact is imminent

Front 20

intentional infliction of emotional distress

Back 20

rewards given for wrongful acts done to cause emotional damages

Front 21

false imprisonment

Back 21

any wrongful entrapment of a person, even if for a short amount of time. as long as the plaintiff feels as if they were being held against their free will

Hint 21

some conditional privileges apply to to qualified individuals in under certain circumstances.

Front 22

defamation

Back 22

unprivileged publication of false and defamatory statements concerning another

Hint 22

libel written slader spoken

Front 23

absolute privilege

Back 23

protects the author of the defamatory statement regardless of her knowledge, motive, or intent

Front 24

conditional privileges

Back 24

give the defendant a defense to do so unless the privilege is abused

Front 25

public official plaintiff cases

Back 25

they must prove the author had actual malice

Hint 25

actual malice 1)knowing it was false 2)recklessly

Front 26

intrusion

Back 26

when someone attempts to access someone's expected area of privacy

Front 27

Public Disclosure of Private Facts

Back 27

publicizing facts concerning someone's private life

Front 28

False Light Publicity

Back 28

places people in a false light of the public's eye

Front 29

commercial appropriation of name or likeness

Back 29

someone uses someone's name to appear as an endorsement

Front 30

negligence

Back 30

1) the defendant owed a duty of care to the plaintiff
2) the defendant committed a breach of the duty
3) the breach was the actual cause of injury

Front 31

negligence per se

Back 31

quick way of dismissal with a finding on how a reasonable person would behave.

Hint 31

1) was within the class of persons intended to be protected by the statute of other law and 2) suffered harm of a sort that the statute or law was intended to protect.

Front 32

personal injury

Back 32

harm to the plaintiff's body.

Front 33

property damage

Back 33

harm to the plaintiff's real estate of personal property item

Front 34

causation

Back 34

1) Was the breach an actual cause of the injury? 2) Was the breach a proximate cause of the injury
3) Was there any intervening cause to have the effect of harm?

Front 35

actual cause

Back 35

would the effect have happened if the action in question had not occurred

Front 36

proximate cause

Back 36

possible foreseeable incident (natural and probable result)

Front 37

res ipsa loquitur

Back 37

("the thing speaks for itself") 1) the defendant has exclusive control of the instrumentality of harm 2) the harm that occured would not ordinarily occur in the absence of negligence; and 3) the plaintiff was in no way responsible for his own injury

Front 38

contributory negligence

Back 38

the plaintiff's failure to exercise reasonable care for her own safety

Front 39

comparative negligence

Back 39

the plaintiff should be held liable for some percentage of the damages being sued for

Front 40

assumption of risk

Back 40

plaintiff's voluntary consent to a known danger

Front 41

strict liability

Back 41

liability without fault

Front 42

respondeat superior

Back 42

an employer is liable for torts committed by agents 1) who are employees and 2) who commit the tort while acting within the scope of their employment

Front 43

misrepresentation

Back 43

the agent acts against the directions given by the employer

Front 44

exculpatory clause

Back 44

an agent states claim different from what the principal pays them to represent

Front 45

tort liability excpetions

Back 45

1. the agent is exercising a privilege of the principal 2. a principal who is privileged to take certain actions in defense of his person or property 3. agent who makes misrepresentations
4. defective tools or instrumentalities