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40 Cards in this Set
- Front
- Back
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Strict Liability Crime...
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when someone is the most righteous person ever but they still commit a crime
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Strict Liability Tort...
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You're as careful as humanly possible but you still have to pay damages
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Defamation...
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communication of false facts about something between you and a third party. *Public figures must prove that defamer meant it maliciously
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Deposition...
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the testimony of a party to a lawsuit or a witness taken under oath before a trial
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Interrogatories...
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a series of written questions for which written answers are prepared and then signed under oath
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Res Ipsa Loquitor...
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literally means, "The thing speaks for itself". It is a doctrine under which negligence may be inferred simply because an event has occured, if it is the type of event that would not occur in the absence of negligence
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Negligent Infliction of Emotional Distress...
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person suing must have either experienced distress or be a relative of person who experienced it- AND must have been present
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Preponderance of the Evidence...
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a standard in civil law cases under which the plaintiff must convince the court that, based on the evidence presented by both parties, it is more likly than not that the plaintiffs allegation is true
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Commerce Clause...
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the provision in Article 1, Section 8 of the U.S. Consitution that gies Congress the power to regulate interstate commerce
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Due Process...
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the provisions of the 5th and 14th Amendment to the Constituton that guarantees that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.
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5 Different Burdens of Proof are...
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1) reasonable doubt
2) clear & convincing evidence 3) preponderance of the evidence 4) substantial evidence 5) irrational law |
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Tort...
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means "wrong" in french; when society compensates those who have suffered injuies as a result of the wrongful conduct of others
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Jurisprudence...
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learning about different schools of jurisprudential thought and discovering how the approaches to law characteristic of each school can affect judicial decision-making
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Natural Law...
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a system of moral and ethical principles that are inherent in human nautre and that people can discover through their natural intelligence, or reason
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Law...
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enforcable rules governing relationships among individuals and between individuals and their society
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Consitutitonal Law...
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the supreme law of the land, the basis of all law in the U.S.
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Affidavit...
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sworn statements by parties or witnesses
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Equal Protection Clause...
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government cannot enact laws that treat similarly situated individuals differently
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Assault...
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any intentional, unexcused act that creates in another person a reasonable apprehension of -immeidate- harmful or offensive contact
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Battery...
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The completetion of the act that caused the apprehension; an unexcused and harmful or offensive physical contact intentionally performed
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Compensatory damages...
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intended to compensate or reimburse a plaintiff for actual losses, to put them back in the same place they were had the tort not occured
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Punitive damages...
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to punish the wrongdoer and deter others from similar wrongdoing
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Fraudulent Misrepresentation...
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intentional deciet for personal gain
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Puffery...
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sellers talk, part of fraud, but alone does not constitute fraud
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Business Torts...
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either 1)interfere with a contractuial relationship 2) interfere with a business relationship
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Tort of Conversion...
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whenever a person wrongfully possesses or uses the personal property of another as if the property belonged to him or her
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Libel...
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defamation in writing or another permanent form (ie. an electronic recording)
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Slander...
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oral defamation
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Negligence...
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conduct that creates a risk
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Malpractice...
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professional negligence, either medical or legal
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Causation in Fact...
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if an injury would not have occurred without the defendant's act
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Proximate Cause...
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exists when the connection between an act and an injury is strong enough to justify imposing liability
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Assumption of Risk...
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a plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recovewr
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Intellectual Property...
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the products that result from intellectual, creative processes
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Trademark...
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Distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market
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Patent...
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grant from the government that gives an inventor the right to exclude others from making, using, and selling an invention; is novel, useful, and not obvious
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Copyright...
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intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type
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