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124 Cards in this Set
- Front
- Back
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What is law?
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It is the rules governing society, to keep order in society. Not all rules are law. Law is different because it consists of rules the government can enforce.
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What are the 2 basic sources of law in the U.S legal system?
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Legislature: They make statutory law.
Judiciary Branch: every court decision makes a law (common/case law) |
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What characteristics must law have to function effectively?
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1) Stability: Keeps order in society by telling people what is allowed and what is not. (ex. not changing speed limits often).
2) Flexibility: because a society's ideas can change over time. (Ex. prohibition. First Pelesy vs.Fergson ruled that separate but equal are alright, and then in the case of Brown vs. the Board of Education showed that special but equal was still discriminatory and it overturned previous decision). 3)Reasonable: A law is only going to keep order if a significant number of people are willing to follow it. And if a lot of people decide not to follow it, it causes social breakdown. 4)Certainty: You/your lawyer can figure out what is meant by a law, thus a law can't be overly vague/general it will cause people to be frustrated. (ex. illegal for people to act like douche bags). |
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Four characteristics between civil and criminal law [- purpose, who, consequence and evidence]
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Criminal:
a) purpose is to protect society b) state/govt. initiates the case c) the consequence is incarceration d) burden of proof is beyond a reasonable doubt Civil: a) purpose is to redress individual wrongs b)any individual can initiate the case c)consequence is money d) preponderance of evidence (50% or more of the evidence supports the plaintiff). |
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What are the characteristics of criminal law?
[ Jury, appeal, law making] |
Criminal Law:
1. The plaintiff is always the state or federal government. 2. Punishment may be fine and/or imprisonment. 3. State or federal statutes always establish criminal law. 4. The jury decision in a criminal trial must be unanimous. 5. The burden of proof in a crimin]al trial is “beyond a reasonable doubt.” 6. Only the defendant may appeal in a criminal case. 7. In a criminal case, the defendant is either guilty or not guilty. |
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What are the characteristics of a civil law? [ Jury, appeal, law making]
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Civil Law
1. Both parties may be anybody, including governments, corporations and individuals. 2. The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages. 3. Civil law is established both through state and federal statutes and through court decisions. 4. In Missouri, the jury decision must be 9-3 for the plaintiff to win. States vary. Federal courts do require an unanimous verdict. 5. The burden of proof in a civil trial is “preponderance of the evidence,” which sometimes is defined as “more likely than not.” 6. Either party may appeal in a civil case. 7. In a civil case, the plaintiff and the defendant may both be found partially right and partially at fault. |
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What is common law?
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Common law or court law is made every time a court makes a decision.
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What is statutory law?
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It is the law made by the legislative branch.
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What is stare decisis?
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It is the practice of deciding new cases with reference to former decisions. It is a precedent. Judges are obligated to follow the precedents established within their jurisdiction.
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How do courts avoid precedents?
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A lower court can choose not to follow to set precedent if the facts are different from the previous case, and if previous ruling was incorrect, or if there was technological or social change.
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Jursdiction over person
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The courts can exercise jursdiction over any perosn or business who resides within their state/boundary. A state's supreme court has jurisdictional authority over all residents within its state.
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Jurisdiction over property
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This type is called "in rem jurisdiction". And a court can exercise jurisdiction over property that is located within its boundaries.
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Long Arm Jurisdiction
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A court can exercise personal jurisdiction over certain out-of-state defedents based on activities that took place within the state.
But to exercise this - it must be demonstrated that the defendent has had minimum contacts with the state. |
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Corporate Contacts
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Corporations are considered legal persons and thus the same principle is applied to a "person" is applied to corporation. Long arm can also be practiced if the corporation has had minimum contacts, such as selling or advertising within the state.
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Jurisdiction over Subject Matter
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Refers to the limitations on the types of cases a court can hear.
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2 Kinds of Jurisdiction
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1) general: unlimited jurisdiction. General can decide an array of issues. Ex. federal district court or a trial state court.
2) limited. Ex. state court with limited (probabte). federal court with limited (bankruptcy). |
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Courts of Original Jurisdiction
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A court's jurisdiction also refers to the stage of the case.
Court of original jurisdiction is where lawsuit begins, evidence is presented. Trial courts are also courts with original jurisdiction. Federal court: the district courts are the trial courts and the ones with original jurisdiction. |
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Courts of Appellate Jurisdiction
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Appellate jurisdiction act as reviewing courts. These cases can only be brought upon by an appeal from an order/judgement
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Jurisdiction of federal court
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Federal court has limited jurisdiction. They have subject-matter jurisdiction in 2 things
a) A plantiff's cause of action is based upon a federal question (violation of constitutional rights). b)diversity of citizenship (not a federal question). Plantiff and defedent must be residents of different states, and the dollar amount of controversy must be over 75,000. A corporation is a citizen of both the state of incorporation and the state of business. In federal question, court will apply federal law. In diversity of citizenship, court will apply relevant state law (court's residence state). |
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Concurrent jurisdiction
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When both a state and federal court can have the power to hear a case.
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Exclusive jurisdiction
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When cases can ONLY be heard in either federal or state courts. Federal exclusion (federal crimes, bankruptcy, most patent, copyright, transportation on seas and ocean waters).
State courts (divorce and adoption). |
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Venue
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Appropriate location for a trial. civil case (defendant resides). criminal case (where crime has been committed).
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State court systems
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Lowest(1): Local trial courts of limited jurisdiction
(2): State trial courts of general jurisdiction (3): State court of appeals Highest (4): Highest State court Supreme Court of the United States |
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Federal court systems
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Lowest(1): Federal Administrative Agencies, U.S District courts, Specialized U.S courts (bankruptcy, Federal claims, international trade, tax count).
(2): U.S court of appeals Supreme Court of the United States |
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Function of trial court
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Where trials are held/testimony taken. Jurisdiction over subject matter.
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Function of appellate courts
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Every state has at least one. Do not conduct new trials. Focus on questions of law not questions of fact.
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Question of Fact
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Deals with what really happened in regard tot he dispute.
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Question of Law
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Concerns with application or interpretation of the law. Only a judge can rule this.
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Highest State Courts function
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Highest appellate court in the state. It has the final say in all state laws.
Only federal law questions can be appealed to U.S Supreme Court |
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Election of judges in federal system
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Appointed by the president, approved by the Senate. Appointed for life.
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Election of judges in state system
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Voters can either judges, or they're appointed.
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U.S District court function
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It is the equivalent of a state trial court of general jurisdiction.
They have original jurisdiction in federal matters, and federal cases |
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U.S Court of Appeals
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13 U.S court of appeals (circuit court).
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United States Supreme Court function and procedure to bring a case
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Highest level of court. Can review any case decided by any federal courts of appeals.
A party requests the court to issue a "writ of certiorari" -- an order from U.S supreme court to send the record from the lower court. The rule of four must be followed for a "writ" to be sent (4 of the 9 judges has to approve) |
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Litigation
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Process of resolving a dispute through the court system, expensive/time consuming.
Has 3 stages: pretrial, trial, and posttrial |
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Alternative Dispute Resolution (ADR). 3 different kinds
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They are alternative means of settling disputes.
a) Negotiation: informally with/without attorneys and they attempt to agree on a resolution b) Mediation: neutral 3rd party meets with parties and brings them toward resolution of their dispute. Mediator may suggest/propose resolution c) Arbitration: parties present their arguments/evidence before an arbitrator at a hearing, and arbitrator makes the decision. |
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Federal Rules of Civil Procedure (FRCP)
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All civil trials held in federal district courts are governed by this.
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Pleading Stage
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First step in "Pretrial Procedure".
This includes the "complaint" and "answer" documents. Complaint contains (facts that court has jurisdiction, plaintiff's basis for relief, remedy plaintiff is seeking. |
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Service of Process
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Second step in "Pretrial Procedure". The court's proof that the defendant was notified of the lawsuit. The plaintiff must deliver a copy of the complaint and a summons (requiring defendant to appear in curt and answer the complaint).
This summons indicates that if the defendant does not file an answer within a time frame, a default judgment would be called. |
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Default judgment
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After service of process, if the defendant fails to submit an answer, the plaintiff wins the case and is awarded all the damgaes alleged in complaint.
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Method of Service
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1) Federal Rules of Civil Procedure: 18 or over
Company: it can be served to the representative/registered agent |
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The Defendant's Response
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Defedant files an "answer" either admitting or denying the claims made by plaintiff. All the claims not denyed are considered admitted.
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Affirmative Defense
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Option 1 of Defedant's Response. Claiming that it is true all the allegations made in complaint by the plaintiff, but the plaintiff share some of the blame too for the damages.
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Counterclaim
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option2: denying all the claims made by plaintiff, and instead, countersusing the plaintiff claiming for your damages.
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Motion
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it is a procedural request submitted to the court by an attorney and can be any of 6 motions. This motion must be informed to the other party via "notice of motion"
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Motion to Dismiss
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1st of pretrial motions. This motion filed by defendant asks the court to dismiss the case for the lack of persona jurisdiction, improper service, or plaintiff's failure to state a claim
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Statute of limitations
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The time period plaintiff has to file a lawsuit after the incident. After time period, plaintiff loses right to file.
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Cause of action
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a) plaintiff has a legal right
b) defendant has a legal duty c) defendant breached this duty d) due to the breached of duty, damages were caused. |
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Motion to Strive
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2nd Pretrial motion.
Filed by defandant to ask the court to delete some paragraphs from the complaint. this is allowed when something is redundant or if it is irrelevant to the case. |
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Motion to make a more Definite and Certain
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3rd Pretrial motion.
Filed by defendant to compel the plaintiff to clarify the "cause of action". this is done when the defendant believes the complaint is too vague for them to answer in a meaingful way. |
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Motion for judgment on the pleadings
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4th pretrial motion.
Maybe to filed by either parties asking the court to enter a judgment based on the information on the pleadings (complaint and answer that is taken together during pretrial stage). this is done when there is no "question of the fact" and there is only a "question of law" |
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Motion to compel discovery
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5th pretrial motion
Filed by either parties asking the court to compel the other party to let the party requesting to copy/inspect certain documents. A court can deny or limit this if it is not relevant. Disclosing discovery also prevents surprises at trial. |
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Motion for summary judgment
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6th pretrial motion.
Filed by either parties asking court to enter judgment based on evidence presented outside pleadings, witnesses, answers to interrogations, and other evidence obtained during "discovery". For this to happen, the other party must provide evidence that contract the other party's factual claim. These evidence must be "affidavits" which are sworn statements/witnesses. |
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Depositions (Part 1 of Discovery/pretrial stage)
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It is a sworn testimony by a party to the lawsuit and by any witness recorded by an authorized court official.
A person deposed answers questions from both parties. A deposition is useful to evaluate witness, and if the witness changes testimony at the trial, they can be impeached using the depositions recorded previously. It is done under oath and with lawyers present from both parties. Usually depositions are only introduced to impeach the witness or if the witness has died. |
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Interrogatories (Part 2 of Discovery/pretrial stage)
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Written answers are prepared and signed. Interrogatories are aimed at the parties, not the witnesses. used to acquire accurate information abut specific topics.
This information can be used to find witness and people to question |
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Subpoenas
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To see how many complaints have been previously filed against the company.
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Pretrial conference
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The meeting of attorneys from both sides and the trial judge. Done after a discovery or before trial begins.
This is done to see whether a settlement can be reached. And if not identify matters in dispute and plan course of trial, and establish ground rules. |
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Jury Selection
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Must be selected before trial is started (6).
Process called "voir dire" where lawyers from both parties orally interview prospective jurors to see weed out the biased ones and the ones with affliction with the party. For cause: a lawyer provides reason for why this juror cannot be sworn in. Peremptorily: a lawyer can dismiss just a select number of jurors without a reason. |
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Bench Trial
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No jury, the judge will decide.
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Opening Statements (1st step of Trial stage).
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Plaintiff goes first, but lawyers from both sides present their case and what they expect to prove during trial.
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Rules of evidence
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Must be relevant
Hearsay (not under oath) evidence not allowed. |
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Examination of Witness
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Direct: down by the party who called the witness. broad questions, open-ended.
cross: other party gets to questions witness. can ask leading questions, but must be about the information witness talked about during "direct". redirect: original party can use this to calm the things down, and help it in perspective for the jurors. only talk about what was mentioned during "cross examination" |
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Motion for a directed verdict
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After the conclusion of the plaintiff's case, the defense has the opportunity to ask the judge "on the grounds that the plaintiff has presented no evidence to support claim" to dismiss the case.
The judge would only grant this that "even in the light most favorable to the plaintiff's" there isn't sufficient evidence (it is not a question of fact). Plaintiff has failed to put forth their "burden of proof". |
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Rebuttal
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After defendant's lawyer has finished introducing evidence, plaintiff can use additional evidence to refute defendant's case.
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Closing arguments
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Each side summarizes the facts/evidence presented during trial. Also talk about the shortcomings of the points made by opposing party.
These are made even if it is a bench trial |
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Preponderance of evidence
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in a civil case, the the jurors only have to believe that the factual claims presented by the plaintiff is "more likely to be true" that the defendant is guilty.
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Motion for a new trial (posttrial motions)
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It is only granted if the judge is convinced the juror made an error, but doesn't think the other party should win either.
This is done when a evidence is newly discovered, misconduct of participants, error. |
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Motion for Judgment N.O.V)
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Granted if the judge is convinced that looking at the evidence that the juror made an error and thus rules in favor of the opposing party.
If a Motion for Judgment N.O.V is denied, then the losing party may appeal the cse. |
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Filing Appeal
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many appleant courts deal with "motions of summary judgment or motions that were denied".
The person filing an appeal is the appellant and they file to the clerk at the trial court. A "notice of appeal" must be delivered to the other party. The appeal court receives "record of appeal" from trial court. Appellant must present brief and the other party may reply |
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Appelant Review
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a) affirm
b) reverse c) remand (send back for more preceddings) d) affirm/reverse in part e) modify (reduce award etc) |
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writ of execution
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order directing sheriff to seize/sell defedant's nonexempt assets/property and the proceeds would go to pay off the damages.
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Federal System
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In U.S the central government has power to address national concerns, while individual states have power to handle local concerns.
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Constitution
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Written document, establishes structure of government and relationship to its people.
Created to est gov after revolution. Checks/balances. |
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Tripartite government
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3part government. legislative (congress, makes laws), executive (president, execute, enforces laws), judicial (courts, interpret laws).
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bicameral legislative and elections of all brances
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2 houses (senate, house of rep).
senate (popularly elected for 6 years) house of rep (popularly elected for 2 years) president (elected by electoral college for 4 years). Judges of Supreme Court (elected for life by president, approved by senate) |
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Delegated power
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Power given by the state to their national government. Regulate interstate commerce, currency, declare war
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Judicial Review
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If the Supreme Court rules a law is unconstitutional, it cannot be passed. [Marbary vs. Madison]. Has the final say.
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History of our constitution
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Due to the unhappy state of people in 17th century England/Western Europe, people escaped to America seeking freedom.
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State powers (police power)
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Protect general welfare, health, safety, moral of people.
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Ex post facto laws
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Which makes something a criminal law that has already been committed, but at the time of committing it was not illegal.
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Commerce Clause
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The power to regulate commerce with foreign nations and among the several states and with the Indian tribes.
Expanded to regulate business (monopolies) and conspiracies in restraint of trade. Also was used during the civil rights era, illegal to discriminate service. |
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Due Process
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The principle that the government needs to respect all the legal rights owned by a person. Can't deprive anyone of life, liberty, or property without due process of law (without a chance to be heard).
All citizens be given same protection. This is due tot he 5th and 14th amendment. Does not apply to transactions between private person/employment or nonpublic situations |
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Quasi-judicial proceedings
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To speed up "due process". no need to go through formal proceedings for trial. just a hearing from officer or administrator.
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Void for vagueness doctrine
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It is part of "Due Process".
A law/statute can be constitutionally void if the statute is so vague that persons of common intelligence cannot determine what is being regulated/enforced. Must contain the following: (1) Does the law give fair notice to those persons potentially subject to it? (2) Does the law adequately guard against arbitrary and discriminatory enforcement? (3) Does the law provide sufficient breathing space for First Amendment Rights?" |
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Bill of Rights and restrictions
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First ten amendments of consitution.
1st - Freedom of speech,gather, press, religion. [RES on Time, Place, Manner] 2nd - Right to bear arms 3rd - Don't have to house soliders 4th - No unreasonable searches without warrant(to obtain need probable cause). [RES no warrant needed if crime is committed in plain view]. 5th - Right to peace, liberty, property. Due Proces. Miranda rights and self incriminate law (no need to talk till lawyer is present in criminal cases) 6th - Trial by jury, rights of accused, fair trial 7th - civil trial by jury (over $20) 8th - Prohibition of excess bail, cruel/unusual punishment 9th - Protection of other rights not listed 10th - State rights and its people |
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Probable Cause
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More likely than not. Factual evidence
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Tort Law and what it protects
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Provide remedies for invasion of protected interests:
a) physical safety/injury/security b) freedom of movement c) destruction/damage to property d) personal privacy e) family relations f) reputation g) dignity 2 notions of torts (wrongs and compensation). |
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Compensatory damages
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1) special damages: compensate quantifiable monetary losses, medical/lost wages/benefits etc.
2) general damages: on grated to individuals, not companies. For non-monetary harm suffered such as pain and suffering. |
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Punitive damages
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To punish wrongdoer and deter others from similar wrongdoing. Only when really bad!! Used rarely because might interfere with Due Process clause
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Intentional Tort
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The tortfeasor (wrongdoer) intended on committing a tort and the consequence interfered with a personal/business in a way that is not allowed by law.
Motive does NOT matter. Includes assault, battery, false imprisonment, infliction of emotional distress, defamation, invasion of privacy, appropriation, fraudulent misrepresentation. |
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Assault (Intentional Tort)
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Any intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful/offensive contact.
Intentional act that put plaintiff in an immediate danger of battery. |
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Battery (Intentional Tort)
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It is the completion of the act that caused apprehension (assault).
Three parts: a) Defendant had done an intentional/voluntary act of touching and that must result in harmful/offensive of plaintiff person or anything immediately attached to them. b) The offensive/harmful act is determined offensive by a "reasonable person standard". c) The contact to the plaintiff can be made by the defendant or by some force defendant sets in motion. |
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Restrictions/Defenses to Assault and Battery (4)
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1) Consent: In either "expressed" (hospital surgery, in writing) or "implied" (without words, but you could tell from their actions). [RES a person cannot legally consent to a severe battery]
2) Self-defense of self: If you think you were under a reasonable belief that you were under a life-threatening situation(to a reasonable person), you can use a reasonable amount of force to protect oneself 3) Self defense of others: same logic as 2. 4) Protect property: A reasonable amount of force can be used to remove intruders from property. Death or great bodily harm is not reasonable. |
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False imprisonment (Intentional Tort)
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Intentional confinement/restraint of another person's activity without legal justification.
Uses of physical barriers/restraints, threats of physical force. |
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Shop-keeper's privilege
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Relates to false imprionment. Shop keepers are not allowed to confine suspected shoplifters, only allowed to ask questions.
Any detention must be only for a reasonable manner/length of time. |
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Intentional infliction of Emotional Distress (Intentional Tort)
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The severe emotional distress suffered by plaintiff due to defendant's extreme/outrageous conduct (exceeds all bounds of decency).
Plaintiff has to prove that the "severe emotional distress". |
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Defamation (Intentional Tort)
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Wrongfully hurting a person's reputation.
Publication of false "statements of fact". Duty of Care: duty on all persons to refrain from making false defamatory "statements of facts" about others. Breaching in written (libel), oral (slander). |
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Exceptions for "Emotional Distress" and "Defamation" (3 )
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There are three exceptions:
ONE: Publication of political/celebrity figures and protected even more by the constitution. So it will be harder for the public figures to sue media. To sue: Have to prove Malice (reckless disregard of truth, goes beyond negligence). TWO: Truth is the absolute defense against defamation charge. THREE: Privileged speech |
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Libel/Slander under Defamation
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If libel is established, "general damages' are automatically presumed.
If slander is established, the monetary/economical damages must be proven in court to receive "special damages" |
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No burden of proof needed for Slander (4)
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1) Statement that another has loathsome disease (leprosy, STD's and mental illness).
2)Statement that another has committed improprieties while engaging in profession or trade 3) Statement that another has committed/imprisoned for a serious crime. 4) Statement that another is involved in serious sexual misconduct. |
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Privileged Speech (Another defense against Defamation) (2 parts)
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Either "absolute privilege" or "qualified priviledge"
Absolute: In court/congress proceedings. Statements made by lawyers, judges, and in legislature. Qualified: Employees statements in written evaluation. As long as it just between the concerned parties, it is privileged. |
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Invasion of Privacy (Intentional Tort)
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A person has the right to solitude and freedom from public eye.
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4 Factors that qualify as "Invasion of Privacy"
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1) Appropriation of identity: using a person's name/picture for commercial purposes without permission. (also can be charged with tort of "appropriation")
2)Intrusion into individual's affairs or seclusion: invading someone's house/searching computer without authorization. 3) False Light: a publication of information that places a person in a false light (also could be charged with "defamation"). 4) Public disclosure of private facts: person publicly disclosing private facts that is objectable/embarrassing to a reasonable person. |
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Intentional Torts against Property
(2 kinds) |
Includes trespass to land/personal property/conversion or disparagement of property.
Real property: Land and things permanently attached to the land. Ex. house Personal property: other items which are basically movable. Ex. furniture inside the house. |
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Trespass of Land (Property Torts)
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Any time person without permission enters onto, above, below surface of land owned by another.
- causing anything to enter land - permits anything to remain on it. Actual harm isn't important. To remove trespassers just use reasonable force needed to move persons out of property. Owner has duty to inform establish person as trespasser (sign). |
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Exceptions to Property Torts (Land)
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1) A licensee: allowed to enter property.
2) Personal/Private necessity: if they damage anything, just owe the damages. 3)Public safety: Like fireman needing to demolish your house to prevent the whole town from burning. No damages. |
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Property torts (Personal Property)
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Defendant does an intentional act that interferes with the plaintiff's ability to use/enjoy her stuff.
Harm includes: destruction of the property, anything that would diminish its value/condition/quality. |
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Exceptions to Property Torts (Personal)
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Artisan's lien: automobile repair shops refusing to give your car till the payment for repairs are made.
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Conversion (Property Tort)
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When the defendant completely destroys the item/personal property. (Also can be charged with trespass). Higher penalities.
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Negligence
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The tortfeasor neither wishes/believes the consequences of the act would occur. The conduct of the defendant just created the risk of such a consequence.
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4 Factors to Duty of Care
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Plantiff must prove
1) defendant owed a duty of care to the plaintiff 2) defendant breached that duty of care 3) plaintiff suffered a legally recognizable injury 4) defendant's breach caused the plaintiff's injury |
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Exception to "Reasonable Person Standard" (Negligence tort)
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-- children: can't compare action with a reasonable adult, but it can be compared to a reasonable child at that age.
-- physically disabled -- professionals: they are not compared to reasonable adults. They're held to a higher standard. |
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Duty of Care
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Need to exercise reasonable care to make sure the actions of one doesn't infringe on the interests of others.
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Possessors of Land (3 different groups)
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Duty of care: landowners are expected to exercise reasonable care to protect individuals coming onto their property.
1)Trespassers: lowest duty to them. only owe the duty to refrain from willfully causing harm 2)Licensees: They are allowed on property. Owe the duty to maintain property at a reasonable/safe condition, so they can provide the serivce intended. 3) Invitees: Highest duty. Owe them to duty to reasonably maintain the condition of property and to caution them of any potential harms. |
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No duty of rescue
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No duty to to come to the aid of a stranger.
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4 Factors to prove Negligence Tort
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1) Duty of Care
2) Actual Case 3) Proximate Case 4) Plaintiff suffered damages (legally recognizable injury) |
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Actual case (Negligence)
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"But for" test. But for the defendant's negligance act, would the plaintiff have been injured?
answer - no? there is actual case! |
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Proximate Case (negligence)
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Is it reasonably foreseeable that the defendant's negligent act, would injure someone in the shoes of the plaintiff.
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Assumption of Risk (Defense for Negligence Tort)
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2 req
1)knowledge of risk 2) voluntary assumption of risk. Plaintiff voluntarily enters into a risky situation, knowing the risk involved. |
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Contributory Negligence (Defense for Negligence Tort)
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It is a older school of thought, harder on the plaintiff. Even if defendant is proven negligent, if the plaintiff was also negligent, defendant does not owe any damages.
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Comparative Negligance (Defense for Negligence Tort)
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Either comparative/contributory, not both. Enables both plaintiff and defendant's negligence to be computer, and the damages are distributed accordingly.
Affirmative Defense can be used in this. It says, yeah I was negligent, but so were you! |
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Strict Liability (Defenses for these same as Negligance)
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Liable even if it's not your fault. A person is liable if they were engaging in activies that caused harm to others, even if it is done in upmost care.
Includes wild animals, ultra-hazardous/abnormally dangerous activities, product liability |
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Ultra-hazardous/abnormally dangerous activities (Strict liability)
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a) activity in which there is a serious risk of harm
b) can't eliminate risk by being careful c) can't be commonly performed in community |
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Product Liability (Strict liability)
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a) prove product has defect:
-- uncontemplated: such as a mouse in the coke -- design defect: defect is built into the product, such as Ford pinto ** The product reaches consumer without substantial change on its condition. |
