Business Law I

Front 1

LEVELS OF COURTS:

Courts of limited jurisdiction, primarily these courts have civil jurisdiction.

Back 1

THE DISTRICT COURTS

Front 2

LEVELS OF COURTS:

An action in CONTRACT OR TORT if the damage claimed does not exceed $25,000.00 - which court?

Back 2

THE DISTRICT COURTS

Front 3

LEVELS OF COURTS:

an action involving LANDLORD/TENANT matter, regarless of the amount of money involved - which court?

Back 3

THE DISTRICT COURTS

Front 4

LEVELS OF COURTS:

An action of replevin (when the party having the right of property cannot simply invoke self-help and take the property back; reposession) regardless of the value of the item or thing in controversy. - which court?

Back 4

THE DISTRICT COURTS

Front 5

LEVELS OF COURTS:

The _______ have concurrent jurisdiction (both courts have the power to hear a case) with ______ if the amount in controversy exceeds $10,000.00

Back 5

THE DISTRICT COURTS

THE CIRCUIT COURTS

Front 6

LEVELS OF COURTS:

There is at least one ______ per county in the county seat

Back 6

DISTRICT COURT

Front 7

LEVELS OF COURTS:

There are no jury trials in ____. A single judge hears and decides each case called a bench trial.

Back 7

DISTRICT COURT

Front 8

LEVELS OF COURTS:

In the case with over $10,000.00 in controversy what happens?

Back 8

A JURY MAY BE DEMANDED BY EITHER PARTY, AND THE CASE IS AUTOMATICALLY TRANSFERRED TO THE CIRCUIT COURT.

Front 9

LEVELS OF COURTS:

These courts are the highest common law/equity courts excercising original (civil) jurisdiction within the State.

Back 9

THE CIRCUIT COURTS

Front 10

LEVELS OF COURTS:

TRUE OR FALSE: In criminal matters, misdemeanors and some felonies are heard in district courts.

Back 10

TRUE

Front 11

LEVELS OF COURTS:

TRUE OR FALSE: A defendant may not request and be granted a jury trial in Circuit Court if he/she can be sentenced to more than 90 consecutive days in jail or prison.

Back 11

FALSE

Front 12

LEVELS OF COURTS:

_____ have jurisdiction in most criminal cases within their county and in all civil matters over $_____ in controversy as well as exclusive original (civil) jurisdiction over divorce and family law matters.

Back 12

THE CIRCUIT COURTS

$10,000.00

Front 13

LEVELS OF COURTS:

In these courts parties can choose either a bench trial or a jury trial.

Back 13

THE CIRCUIT COURTS

Front 14

LEVELS OF COURTS:

There is one Circuit Court per ____ located in the ____ _____.

Back 14

COUNTY


COUNTY SEAT

Front 15

LEVELS OF COURTS:

The intermediate apellate court for the state.

Back 15

THE COURT OF SPECIAL APPEALS

Front 16

LEVELS OF COURTS:

_____ has exclusive initial appelate jurisdiction over any reviewable judgment, decree, order, or other action of a Circuit Court or Orphan's Court, subject to this courts' authority to remove a case.

Back 16

THE COURT OF SPECIAL APPEALS

Front 17

LEVELS OF COURTS:

In the Courts of Apeals Building in Annapolis, MD _____ judge panels decide cases and the party wins by __-__ or __-__ ruling

Back 17

3

3-0

2-1

Front 18

LEVELS OF COURTS:

The highest court in the State.

Back 18

THE COURT OF APPEALS

Front 19

LEVELS OF COURTS:

_____ has the jurisdiction to review a case or proceeding pending in or decided by the Court of Special Appeals.

Back 19

THE COURT OF APPEALS

Front 20

LEVELS OF COURTS:

_____ may grant CERTIORARI OR CERT. for review and determination of any case in which a final judgment has been rendered by a Circuit Court on appeal from the District Court.

Back 20

THE COURT OF APPEALS

Front 21

LEVELS OF COURTS:

In the U.S, _____ is the writ that an appellate court issues to a lower court in order to review its judgment for legal error and review, where no appeal is available as a matter of right.

Back 21

CERTIORARI

Front 22

LEVELS OF COURTS:

a party who wants that court to review a decision of a federal or state court files a "________" in the Supreme Court. ___ of ___ judges must vote to grant a writ of certiorari. The _______ of cases brought to the Supreme Court are denied certiorari

Back 22

PETITION FOR WRIT OF CERTIORARI

4 OF 9

MAJORITY

Front 23

LEVELS OF COURTS:

_______ has exclusive appelate jurisdiction over all death penalty cases, and over questions of law certified to it under the __________ ACT i.e. for conflicts of law in cases where a particular point of law has yet to be decided in MD.

Back 23

THE COURT OF APPEALS

THE UNIFORM CERTIFICATION OF QUESTIONS OF LAW ACT

Front 24

LEVELS OF COURTS:

A ____ judge panel decides cases in the Courts of Appeals Building in Annapolis, MD. Party wins __-__ or better.

Back 24

7

4-3

Front 25

MARYLAND COURT SYSTEM:

The Maryland rules are found primarily in their own two volumes of the _____ ______ ____ and in a separate ____ volume entitled "________" or CJP

Back 25

MARYLAND ANNOTATED CODE

CODE

COURTS AND JUDICIAL PROCEEDINGS

Front 26

MARYLAND COURT SYSTEM:

The power of a court to hear a case and render a binding judgment is called ______

Back 26

JURISDICTION

Front 27

MARYLAND COURT SYSTEM:

There are 2 broad divisions of jurisdiction, ____ ____ and ____ ___ _____ (in personam) or ____ __ ____ (in rem or quasi in rem).

Back 27

SUBJECT MATTER

OVER THE PERSON

OVER THE THING

Front 28

MARYLAND COURT SYSTEM:

A Maryland court can excercise ____ _____ as to any cause of action over a person domiciled in, served with process in, organized under the laws of, or who maintains his principal place of business in the State

Back 28

PERSONAL JURISDICTION

Front 29

MARYLAND COURT SYSTEM:

The ___ ____ ___ Statute is found in CJP (Court and Judicial Proceedings) and allows our courts to exercise personal jurisdiction over a person who directly or by an agent >>>> 6 things

Back 29

MARYLAND LONG ARM STATUTE

Front 30

MARYLAND COURT SYSTEM:

A court can excercise _____ _____ over certain out-of state defendants based on activities that took place within the state.

Back 30

PERSONAL JURISDICTION

Front 31

MARYLAND COURT SYSTEM:

Before excercising long arm jurisdiction over a nonresident the court must be convinced that the defendant had sufficient or _____ _____ with the state to justify jurisdiction.

Back 31

MINIMUM CONTACTS

Front 32

MARYLAND COURT SYSTEM:

______ ______ means that the defendant must have enough of a connection to the state for the judge to conclude that it is fair for the state to excercise power over the defendant or in order to be subject to ____ ____ jurisdiction.

Back 32

MINIMUM CONTACTS

IN PERSONAM

Front 33

MARYLAND COURT SYSTEM:

____ ____ jurisdiction affects the interests of all persons in a thing.

Back 33

IN REM JURISDICTION

Front 34

MARYLAND COURT SYSTEM:

___-___-____ jurisdiction affects the interests of particular persons in a thing

Back 34

QUASI-IN-REM

Front 35

LAW IN THE U.S.:

The U.S. Constitution allocates gov'tal power in two principal ways

1. between the ____ and ____ gov'ts

2. among the __ ____ of the ____ gov't

Back 35

FEDERAL AND STATE

3 BRANCHES

FEDERAL

Front 36

LAW IN THE U.S.:

Federal gov't has ____ ____ not specifically named in the Constitution but which are necessary and proper for carrying out ____ _____

Back 36

IMPLIED POWERS


ENUMERATED POWERS

Front 37

LAW IN THE U.S.:

Powers not delegated to the U.S. by the Constitution are reserved to the ______ or the ____.

Back 37

STATES OR THE PEOPLE

Front 38

LAW IN THE U.S.:

"_____ ______" is the power of each state through its legislature to limit the personal freedom and property rights of persons for protection of the public safetey, health, and moral

Back 38

POLICE POWER

Front 39

LAW IN THE U.S.:

TRUE OR FALSE: Police power is not subject to constitutional limitations

Back 39

FALSE

Front 40

LAW IN THE U.S.:

In this branch Congress had the power to make laws authorized by the Constitution

Back 40

LEGISLATIVE

Front 41

LAW IN THE U.S.:

In this branch federal courts have the power to decide cases and controversies

Back 41

JUDICIAL

Front 42

LAW IN THE U.S.:

In this branch the President has the power to lead armed forces make treaties and execute laws.

Back 42

EXECUTIVE

Front 43

LAW IN THE U.S.:

After the common law failed to meet the needs of the whole population due to its limited effect on property rights alone new _____ or _____ courts were created which were _____ ______ and heard cases involving the population at large )everyday disputes.

Back 43

CHANCERY OR EQUITY

LESS FORMAL

Front 44

LAW IN THE U.S.:

Because of our colonial heritage much of American Law is based on the ____ legal system. Judges in the US still apply _____ _____ principles when deciding cases.

Back 44

ENGLISH

COMMON LAW

Front 45

LAW IN THE U.S.:

A body of general rules that applied throughout the entire English realm.

Back 45

COMMON LAW

Front 46

LAW IN THE U.S.:

As of July 1, 1984 ____ and ____ ____ courts were finally merged in MD.

Back 46

EQUITY AND COMMON LAW

Front 47

LAW IN THE U.S.:

Each court (equity and common law) offered different remedies

1. law = ____

2. equity - _____

Back 47

$$$ DAMAGES

INJUNCTION (TO DO OR REFRAIN FROM DOING) - SPECIFIC PERFORMANCE OF A CONTRACT

Front 48

LAW IN THE U.S.:

TRUE OR FALSE: MARYLAND HAS AN EQUAL RIGHT AMENDMENT ON GENDER BUT THE FEDERAL CONSTITUTION DOESN'T.

Back 48

TRUE

Front 49

LAW IN THE U.S.:

Determine the following rank of laws in the US

-State Statutes
-Common Law
-Federal Const.
-Local Ordinances
-State Const.
-Rules and regulations of federal, state and local administrative agencies (US postal)
-Federal treaties and statutes

Back 49

A. FEDERAL CONST.
B. FEDERAL TREATIES AND STATUTES
C. STATE CONST.
D. STATE STATUTES
E. LOCAL ORDINANCES
F. RULES AND REGULATIONS OF FEDERAL, STATE, AND LOCAL ADMINISTRATIVE AGENCIES
G. COMMON LAW

Front 50

LAW IN THE U.S.:

Courts have exclusive responsibility for determining the _____ _____ AND they have ultimate responsibility for determining the _______ and the ______ of all enacted law.

Back 50

COMMON LAW

CONSTITUTIONALITY AND MEANING

Front 51

LAW IN THE U.S.:

_____ __ _____ exist when two or more states have the power to hear the case and render a binding decision

Back 51

CONFLICTS OF LAW

Front 52

LAW IN THE U.S.:

_____ _____ (where the lawsuit is filed and heard) may have jurisdiction (the right to hear the case) if the defendant has 1 of 3 key things.

Back 52

FORUM STATE

Front 53

LAW IN THE U.S.:

Long Arm Statute is applied in MD when Defendant has _____ ______ in forum state through residence, conducting of business, commission of a tort in MD

Back 53

MININUM CONTACTS

Front 54

LAW IN THE U.S.:

Forum state may have jurisdiction if the defendant has a _____ or is _____ in the forum state

Back 54

RESIDENCE

PRESENT

Front 55

LAW IN THE U.S.:

Forum state may have jurisdiction if the defendant _______ to the jurisdiction of the forum state

Back 55

CONSENTS

Front 56

THE FEDERAL COURT SYSTEM:

Has jurisdiction

a. federal _____ (US Const., Acts of Congress, Treaties)

b. ______ issues

c. foreign ______; US _____

d. USA is ____ or ___

e. diversity of _____

Back 56

a. federal question

b. maritime/admirality issues

c. foreign ambassadors

d. USA is plaintiff or defendant

e. diversity of citizenship

Front 57

THE FEDERAL COURT SYSTEM:

_____ ___ _____ refers to when plaintiff and defendant are residents of diff. states AND amount in controversy exceeds $15,000 (may be concurrent jurisdiction of State Courts).

Back 57

DIVERSITY OF CITZENSHIP

Front 58

THE FEDERAL COURT SYSTEM:

Determine the order of Levels of courts (lowest to highest):

Special Courts: US tax courts, US military courts

US Court of Appeals (appellate only - 3 judge panel) by circuit

US District Court (MD has two! trial-bench jury) per state

US Supreme Court (by writ of certiorari 9 justices - rule of 4)

Back 58

A. US DISTRICT COURT

B. US COURT OF APPEALS

C. US SUPREME COURT

D. SPECIAL COURTS

Front 59

THE FEDERAL COURT SYSTEM:

Supreme Court has ____ _____ to select to hear only important cases and controversies

Back 59

ABSOLUTE DISCRETION

Front 60

THE FEDERAL COURT SYSTEM:

What circuit is MD in? Where does one go from MD to get an appeal?

Back 60

4th

richmond, va

Front 61

LAW IN THE U.S.:

FORUM STATE MAY HAVE JURISDICTION IF THE DEFENDANT HAS ____ OR IS ____ IN THE FORUM STATE.

Back 61

RESIDENCE

PRESENT

Front 62

LAW IN THE U.S.:

FORUM STATE MAY HAVE JURISDICTION IF THE DEFENDANT ______ TO THE JURISDICTION OF THE FORUM STATE.

Back 62

CONSENTS

Front 63

LAW IN THE U.S.:

FORUM STATE MAY HAVE JURISDICTION IF THE DEFENDANT IS SUBJECT TO THE FORUM STATE'S _____ ______ ______

Back 63

LONG ARM STATUTE

Front 64

LAW IN THE U.S.:

____ ____ ____ IS APPLIED IN MD WHEN DEFENDANT HAS MINIMUM CONTACTS IN FORUM STATE THROUGH RESIDENCE, CONDUCTING OF BUSINESS, COMMISSION OF A TORT IN MD

Back 64

LONG ARM STATUTE

Front 65

THE FEDERAL COURT SYSTEM:

PRESIDENT APPOINTS ALL FEDERAL COURT JUDGES FOR DURATION OF TER WITH ____ AND _____ OF __/__ OF SENATE

Back 65

ADVICE AND CONSENT

2/3

Front 66

THE FEDERAL COURT SYSTEM:

WHO IS THE CURRENT SUPREME CHIEF JUSTICE?

Back 66

JOHN ROBERTS

Front 67

FILING A LAWSUIT:

FOR DRAFTING THE LAWSUIT YOU MUST HAVE A COMPLAINT:

A. DECLARATION OR _____ OF _____

B. BILL OF _____ (IN EQUITY)

C. A PETITION STATING
1.____
2.____

Back 67

STATEMENT OF CLAIM (AT LAW)

COMPLAINT

WHAT WRONG HAS BEEN DONE

RELIEF SOUGHT

Front 68

FILING A LAWSUIT:

YOU MUST FILE WITH THE APPROPRIATE ____ _____ AND PAY ____ _____

Back 68

COURT CLERK

FILING FEES

Front 69

FILING A LAWSUIT:

THE CLERK FILLS OUT A ____ AND NOTIFIES ____ TO SUMMON DEFENDANT

Back 69

WRIT

SHERIFF

Front 70

FILING A LAWSUIT:

A WRIT CAN BE IN 4 FORMS NAME THEM

Back 70

A. IN PERSON (CIVIL DISPUTE)

B. VIA REGISTERED OR CERTIFIED MAIL

C. VIA PUBLICATION

D. SUBSTITUTE SERVICE: PLAINTIFF CAN USE A PRIVATE PROCESS SERVER INSTEAD OF SHERRIF'S OFFICE (MORE MONEY)

Front 71

FILING A LAWSUIT:

DEFENDANT ANSWERS THROUGH A ____ ___ _____

Back 71

MOTION TO DISMISS

Front 72

FILING A LAWSUIT:

IN A MOTION TO DISMISS LACK OF JURISDICTION OVER THE PERSON REFERS TO ___ ____ ____

Back 72

NO MINIMUM CONTACTS

Front 73

FILING A LAWSUIT:

IN A MOTION TO DISMISS IMPROPER VENUE REFERS TO ____

Back 73

PLACE

Front 74

FILING A LAWSUIT:

IN A MOTION TO DISMISS WHEN THE CONTENTS ARE INCOMPLETE THIS IS CALLED ____ OF _____

Back 74

INSUFFICIENCY OF PROCESS

Front 75

FILING A LAWSUIT:

TRUE OR FALSE: A SHERRIF SERVICE HAS TO TRY TO HAND OVER THE WRIT TWICE WITHIN 30 DAYS

Back 75

TRUE

Front 76

FILING THE LAWSUIT:

AN ___ ___ ONCE RECEIVED REFERS TO WHEN YOU HAVE TO PROVE TO THE COURT THAT SO MANY ATTEMPTS WERE MADE AND FAILED

Back 76

AFFA DAVID

Front 77

FILING THE LAWSUIT:

A CLAIM MADE BY A DEFENDANT IN A CIVIL LAWSUIT AGAINST THE PLAINTIFF. IN EFFECT, THE DEFENDANT IS SUING THE PLAINTIFF

Back 77

COUNTERCLAIM

Front 78

FILING THE LAWSUIT:

PROCEDURALLY A PLAINTIFF'S RESPONSE TO A DEFENDANTS ANSWER

Back 78

REPLY

Front 79

FILING THE LAWSUIT:

IN MOTION TO DISMISS A TEMPORARY DELAYING TACTIC OR A TEMPORARY SETBACK IS KNOWN AS _____ TO ____ A ____

Back 79

FAILURE TO JOIN A PARTY

Front 80

YOU ARE BETTER SERVED IN ____ COURT FOR NEGLIGENCE VERSUS ___ COURT

Back 80

STATE COURT

Front 81

FOR BANKRUPTCY YOU HAVE TO SUE IN THE ____ ____

Back 81

US DISTRICT COURT

Front 82

_____ _____ CASES OVERTURN ____ CASES BECAUSE FREEDOM VS MONEY

Back 82

FEDERAL CRIMINAL CASES

CIVIL CASES

Front 83

TIME PERIODS FOR DIFFERENT TYPES OF CASES ARE NOW USUALLY FIXED BY _____ OF _____

Back 83

STATUTES OF LIMITATIONS

Front 84

AFTER THE TIME ALLOWED UNDER A _____ OF _____ HAS EXPIRED NO ACTION CAN BE BROUGHT NO MATTER HOW STRONG THE CASE WAS ORIGINALLY

Back 84

STATUTE OF LIMITATIONS

Front 85

LOSS OF MARITAL SERVICES OR ___ OF ___ CAN BE CONSIDERED A CAUSE OF ACTION AGAINST THE DEFENDANT

Back 85

LOSS OF CONSORTIUM

Front 86

FOR UM OR ____ _____ _____ THE HIGHER THE PREMIUM THE HIGHER THE COVERAGE WITHOUT INCREASE OF RATES

Back 86

UNINSURED MOTOR COVERAGE

Front 87

TRUE OR FALSE

MD DOES NOT ALLOW VIDEO DEPOSITIONS

Back 87

FALSE

Front 88

A DOCUMENT INFORMING A DEFENDANT THAT A LEGAL ACTION HAS BEEN COMMENCED AGAINST HIM/HER AND THAT THE DEFENDANT MUST APPEAR IN COURT ON A CERTAIN DATE TO ANSWER THE PLAINTIFF'S COMPLAINT

Back 88

SUMMONS

Front 89

A JUDGMENT ENTERED BY A COURT AGAINST A DEFENDANT WHO HAS FAILED TO APPEAR IN COURT TO ANSWER OR DEFEND AGAINST THE PLAINTIFF'S CLAIM

Back 89

DEFAULT JUDGMENT

Front 90

PROCEDURALLY, A DEFENDANTS RESPONSE TO THE PLAINTIFFS COMPLAINT

Back 90

ANSWER

Front 91

A MOTION TO DISMISS INCLUDES ______ IMMUNITY WHICH IS MUCH MORE LIMITED IN THE US THAN ENGLAND

Back 91

GOVERNMENTAL

Front 92

TRUE OR FALSE:

ANYONE CAN BE DEPOSED

Back 92

TRUE

Front 93

TRUE OR FALSE:

UP TO 40 INTERROGATORIES CAN BE MADE TO AND FROM ALL PARTIES

Back 93

FALSE (30)

Front 94

TRUE OR FALSE:

DISCOVERY DOES NOT INCLUDE PHYSICAL AND MENTAL EXAMINATION OF PARTIES

Back 94

FALSE

Front 95

TRUE OR FALSE:

IN DISCOVERY THE REQUEST FOR ADMISSIONS OF FACT MEANS YOU DONT HAVE TO RELY ON A WITNESS

Back 95

TRUE

Front 96

TRUE OR FALSE:

IF MOTION TO DISMISS IS GRANTED OR IF A MOTION FOR SUMMARY JUDGMENT IS GRANTED (WHEN THERE ARE NO DISPUTES TO ANY MATERIAL FACTS AND ONE PART IS ENTITLED TO JUDGMENT AS A MATTER OF LAW) THE CASE WILL END.

Back 96

TRUE

Front 97

TRUE OR FALSE:

A PRETRIAL CONFERENCE IS HELD BETWEEN THE JUDGE AND ATTORNEYS TO NARROW ISSUES STIPULATE FACTS AND LIMIT THE NUMBER OF WITNESSES. THE BIGGEST THING IS TO ENCOURAGE SETTLEMENT.

Back 97

TRUE

Front 98

A JURY IS CHOSEN ONLY IF SENTENCE IS _____ DAYS OR MORE. IN THIS EVENT A JURY OF ____ IS PICKED. FOR CIVIL TRIALS IN MD ONLY ____ ARE PICKED AND AN ALTERNATE

Back 98

90

12

6

Front 99

EACH SIDE IS ENTITLED TO ___ CHALLENGES TO PERSPECTIVE JURORS UNDER PEREMPTORY CAUSES (FOR NO REASON)

Back 99

4

Front 100

A PLEADING IN WHICH A DEFENDANT ASSERTS THAT THE PLAINTIFFS CLAIM FAILS TO STATE A CAUSE OF ACTION (OR NO BASIS IN LAW) OR THAT THERE ARE OTHER GROUNDS ON WHICH A SUIT SHOULD BE DISMISSED

Back 100

MOTION TO DISMISS

Front 101

AT THE MOTION BY EITHER PARTY TO A LAWSUIT AT THE CLOSE OF THE PLEADINGS REQUESTING THE COURT TO DECIDE THE ISSUE SOLELY ON THE PLEADINGS WITHOUT PRECEEDING TO TRIAL. THE MOTION WILL BE GRANTED ONLY IF NO FACTS ARE IN DISPUTE.

Back 101

MOTION FOR THE JUDGMENT ON THE PLEADINGS

Front 102

IF THE DEFENDANTS MOTIONS ARE DENIED (USUALLY) THE DEFENDANT THEN CALLS HIS/HER _____

Back 102

WITNESSES

Front 103

DEFENDANTS MOTION FOR DIRECTED VERDICT REFERS TO A ____ ____

Back 103

JURY TRIAL

Front 104

CLOSING ARGUMENTS ARE AKA _____

Back 104

SUMMATIONS

Front 105

A MOTION REQUESTING THE COURT TO ENTER A JUDGMENT WITHOUT PROCEEDINGS TO TRIAL. THE MOTION CAN BE BASED ON EVIDENCE OUTSIDE THE PLEADINGS AND WILL BE GRANTED ONLY IF NO FACTS ARE IN DISPUTE.

Back 105

MOTION FOR SUMMARY JUDGMENT

Front 106

A PHASE IN THE LITIGATION PROCESS DURING WHICH THE OPPOSING PARTIES MAY OBTAIN INFO. FROM EACH OTHER AND FROM THIRD PARTIES PRIOR TO TRIAL

Back 106

DISCOVERY

Front 107

THE TESTIMONY OF A PARTY TO A LAWSUIT OR A WITNESS TAKEN UNDER OATH BEFORE A TRIAL

Back 107

DEPOSITION

Front 108

A SERIES OF WRITTEN QUESTIONS FOR WHICH WRITTEN ANSWERS ARE PREPARED, USUALLY WITH THE ASSISTANCE OF THE PARTY'S ATTORNEY, AND THEN SIGNED UNDER OATH BY A PARTY TO A LAWSUIT.

Back 108

INTERROGATORIES

Front 109

A JURY VERDICT MUST BE _____. WHEN IT IS NOT THIS IS IT CALLED A ____ ____. THE SECOND TIME AROUND WHO WINS USUALLY?

Back 109

UNANIMOUS

HUNG JURY

THE STATE

Front 110

A MOTION FOR REQUESTING THE COURT TO GRANT JUGMENT IN FAVOR OF THE PARTY MAKING THE MOTION ON THE GROUND THAT THE JURY'S VERDICT AGAINST HIM OR HER WAS UNREASONABLE AND ERRONEOUS

Back 110

MOTION FOR JUDGMENT AKA N.O.V.

Front 111

IN MD THERE IS NO ____ BY DEFENDANT (WHERE DEFENDANT AGREES TO PAY PLAINTIFF MORE THAN JURY AWARDED)

Back 111

ADDITUR

Front 112

WHEN THE PLAINTIFF AGREES TO LESSER $$$ DAMAGES IT IS CALLED ____ BY PLAINTIFF

Back 112

REMITTITUR

Front 113

IN AN APPEAL CASES ARE NOT TRIED ___ ___( COMPLETELY FROM SCRATCH) BUT ON THE RECORD MADE IN THE LOWER COURT

Back 113

DE NOVO

Front 114

PRIOR TO JURY DELIBERATIONS THE ___ INSTRUCTS ___ AS THE LAW TO BE APPLIED. THE ____ DECIDES QUESTIONS OF FACT.

Back 114

JUDGE

JURY

JURY

Front 115

ATTORNEYS MAKE ORAL ARGUMENTS BASED ON WRITTEN "____" SUBMITTED TO COURT BEFOREHAND. (40-50PGS WHY CLIENT SHOULD WIN APPEAL)

Back 115

BRIEFS

Front 116

IN AN APPEAL A COURT TENDERS WRITTEN JUDGMENT:

1. FIND FOR SAME PERSON AS LOWER COURT AKA ____
2. FIND FOR OPPOSITE PARTY AKA ____
3. SEND BACK TO LOWER COURT FOR NEW TRIAL AKA ____

Back 116

AFFIRM

OPPOSITE

REMAND

Front 117

NON JUDICIAL SOLUTION TO CIVIL DISPUTES; USE NEUTRAL 3RD PARTIES TO DECIDE "AWARD"

Back 117

ARBITRATION

Front 118

TRUE OR FALSE:

ARBITRATION IS MANDATORY IN MD

Back 118

FALSE

Front 119

INTERNAL LABOR/MANAGMENT RELATIONS; ATTEMPTS TO SETTLE DIFFERENCES

Back 119

MEDIATION

Front 120

IN ___ ____ CANT BE TRIED FOR SAME CASE OR BY SAME JUDGE/JURY

Back 120

DOUBLE JEOPARDY

Front 121

FAILURE TO EXERCISE DUE CARE WHEN THERE IS FORSEEABLE RISK OF HARM TO OTHERS IS KNOWN AS ______

Back 121

NEGLIGENCE

Front 122

IN CIVIL WRONG _____ LAW IS APPLIED WHERE THE PLAINTIFF IS SEEKING MONEY OR INJECTION

Back 122

TORT

Front 123

FOR NEGLIGENCE THERE IS AND EXISTENCE OF ___ BY DEFENDANT TO CONFORM TO A SPECIFIC STANDARD OF CONDUCT FOR THE PROTECTION OF THE PLAINTIFF AGAINST UNREASONABLE RISK OF INJURY

Back 123

DUTY

Front 124

FOR NEGLIGENCE THERE IS A BREACH OF DUTY BY DEFENDANT WITH THE EXCEPTION OF THE _____ _____ ____ (DEF. IS HANDICAPPED, A CHILD, SPECIALIST)

Back 124

REASONABLE PERSON STANDARD

Front 125

FOR NEGLIGENCE THE BREACH OF DUTY HAS TO BE THE _____ AND/OR ____ CAUSE OF PLAINTIFF'S INJURY

Back 125

ACTUAL

PROXIMATE

Front 126

TRUE OR FALSE:

IN MD PHYSICAL INJURY MUST BE SHOWN AS PROOF OF MENTAL DISTRESS

Back 126

TRUE

Front 127

TYPES OF CAUSE:

BUT FOR THE DEFENDANTS CONDUCT THE PLAINTIFF WOULD NOT HAVE BEEN INJURED; CAN BE CONCURRENT WITH ANOTHER CAUSE

Back 127

ACTUAL CAUSE

Front 128

TYPES OF CAUSE:

THE PRIMARY, DOMINATING AND MOVING CAUSE THE ONE THAT IS NEEDED TO SET ALL OTHER CAUSES INTO OPERATION, NOT NECESSARILY THE LAST NEGLIGENT ACT CONTRIBUTING TO THE INJURY

Back 128

PROXIMATE CAUSE

Front 129

TYPES OF CAUSE:

OCCURS AFTER DEFENDANTS NEGLIGENCE AND ALTERS THE CONSEQUENCE OF DEFENDANTS CONDUCT; THE DEF. IS ONLY LIABLE IF THIS CAUSE WAS REASONABLY FORSEEABLE; MAY CREATE CO-DEFENDANTS KNOW AS ____ _____ _____

Back 129

INTERVENING CAUSE

JOINT TORT FEASORS

Front 130

TYPES OF CAUSE:

AN INTERVENING CAUSE WHICH IS NOT REASONABLE FORSEEABLE BY DEF.; DEF. NOT LIABLE

Back 130

SUPERCEDING CAUSE

Front 131

NEGLIGENCE "____ ___" - THE DEF. VIOLATION OF CRIMINAL OR CIVIL STATUTE IS CONCLUSIVE PROOF OF DEF. NEGLIGENCE. OBVIOUS AND CLEAR TO EVERYBODY

Back 131

PER SE

Front 132

RES IPSA LOQUITOR IS COMMON IN ____ _____; CIRCUMSTANTIAL EVIDENCE INFERS DEF. NEGLIGENCE

Back 132

MEDICAL PRACTICE

Front 133

DEFENSES TO NEGLIGENCE:

PLAINTIFFS FAILURE TO EXERCISE DUE CARE FOR HIS/HER SAFETY WHICH CONTRIBUTED IN ANY WAY TO THE CAUSE OF PLAINTIFFS INJURY

Back 133

CONTRIBUTORY NEGLIGENCE

Front 134

DEFENSES TO NEGLIGENCE:

SOMETIMES OVERLAPS WITH CONTRIBUTORY; PLAINTIFFS VOLUNTARY EXXPOSURE TO KNOWN RISK IE PPL SITTING IN FRONT ROW OF WWF

Back 134

ASSUMPTION OF THE RISK

Front 135

DEFENSES TO NEGLIGENCE:

IN MD _____ _____ AND ____ OF ____ IS A COMPLETE BAR TO PLAINTIFFS RECOVERY

Back 135

CONTRIBUTORY NEGLIGENCE

ASSUMPTION OF RISK

Front 136

DEFENSES TO NEGLIGENCE:

WHERE BOTH ARE NEGLIGENT TO SOME DEGREE COURT WILL APPOINT DAMAGES TO % BASIS

Back 136

COMPARTIVE NEGLIGENCE

Front 137

MARYLAND DOES OR DOES NOT RECOGNIZE COMPARATIVE NEGLIGENCE?

Back 137

DOES NOT

Front 138

PIP REFERS TO ____ _____ _____ WHERE UP TO $10,000 CAN BE AWARDED FROM AUTO INSURANCE IN A NO FAULT STATE EVERYONE COLLECTS AND RATES GO UP

Back 138

PERSONAL INJURY PROTECTION

Front 139

IN MARYLAND FOR INJURIES BY ANIMALS THE "___ ____" RULE APPLIES

Back 139

ONE BITE

Front 140

RESPONDEAT SUPERIOR IS AKA ____ _____ AND THROUGH THE BOSSES CAN REACH INTO DEEPER POCKETS.

Back 140

VICARIOUS LIABILITY

Front 141

WRONGFUL DEATH, LOSS OF COMPANIONSHIP AND/OR EARNING CAPACITY IS KNOWN AS ____ _____

Back 141

SURVIVAL ACTION

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ERROR IN PRODUCTION, DEFECTIVE DESIGN, AND/OR INADEQUATE INSTRUCTIONS/WARNINGS ARE ALL EXAMPLES OF ____ _____

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PRODUCT LIABILITY

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DAMAGES IN TORT:

1. NAME ONLY
2. PROVABLE DAMAGES; TO MAKE PLAINTIFF WHOLE; A MONEY AWARD EQUIVALENT TO THE ACTUAL VALUE OF INJURIES OR DAMAGES SUSTAINED BY THE AGGRIEVED PARTY
3.TO PUNISH DEF.; INTENTIONAL TORTS ONLY; MONEY DAMAGES THAT MAY BE AWARDED TO A PLAINTIFF TO PUNISH THE DEF. AND DETER FUTURE SIMILAR CONDUCT

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NOMINAL

COMPENSATORY/GENERAL

PUNITIVE/EXEMPLARY DAMAGES

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AN ATTEMPT WITH UNLAWFUL FORCE TO INFLIT BODILY INJURY UPON ANOTHER ACCOMPANIED WITH THE APPARENT PRESENT ABILITY TO CARRY OUT THAT ATTEMPT IF NOT SO PREVENTED; SOME ATTEMPT TO PUT THE PERSON IN FEAR

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ASSAULT

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THE COMPLETION OF THE ATTEMPY OF ASSAULT; UNPERMITTED APPLICATION OF FORCE BY ONE PERSON TO THE PERSON OF ANOTHER

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BATTERY

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UNLAWFUL RESTRAINT ON A PERSON'S FREEDOM OF MOVEMENT

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FALSE IMPRISONMENT

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IN THE ____ OF ____ _____ IF THE RETAILER HAS PROBABLE CAUSE OF SHOPLIFTING THEY CAN DETAIN FOR AUTHORITIES FOR CONSIDERABLE AMT OF TIME (MORE THAN SUSPICION LESS THAN CERTAINTY

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DOCTRINE OF SHOPKEEPERS PRIVELAGE

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IF YOU GIVE YOUR KEYS TO SOMEONE DRUNK YOU'RE LIABLE FOR TORT OF ____ _____

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NEGLIGENT ENTRUSTMENT