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245 Cards in this Set
- Front
- Back
Administrative Agency
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Federal, State, or local government agency established to perform a specific function. Hiring and firing; marketing; All aspects of business. |
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Administrative Law
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Rules and orders and decision of administrative agencies.
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Alleged
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Claiming
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Analogy |
Comparing the facts in a case to previous cases to make a decision.
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Appellant
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The part appealing the case.
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Appellee
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The party against whom the appeal is taken.
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Binding Authority
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Any source of law that a court must follow when deciding a case.
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Breach
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Breaking or failing to follow |
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Case Law |
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Case on Point
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Previously decided cases that are similar to the one under consideration. |
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Chancellor
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An advisor that has the power to grant new remedies. |
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Citation
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Identifies the publication in which the legal authority can be found. Such as a statute or a court decision. |
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Civil Law |
Wrongs committed against the public as a whole. Whoever commits the crime is prosecuted by the state not the victim. |
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Cyber Law
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The law that governs the internet. |
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Damages |
The amount given to legal parties that have been injured. |
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Defendant
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The party being sued. |
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Equitable Maxims
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Propositions or general statements of equitable rules. |
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Executive Agency
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Cabinet departments of the executive agents; Subject to the authority of the president; FDA etc.. |
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Historical School
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Focuses on the origin and history of the legal system. |
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Independent Regulatory Agency
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Type of executive agency; President has less authority. |
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Jurisprudence |
Learning about different schools of jurisprudential thought, and how it affects decision making. |
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Laches
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Equity aides the vigilant not those who rest on their rights; equitable doctrine of laches (means negligent) can be used as a defense; |
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Law
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Legal Positivism
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The written law of a given society at a particular point in time applies only to that nation. LAW IS LAW. |
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Legal Realism
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Law is shaped by social forces an needs, judges should take this into account when making decisions. |
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Legal Reasoning
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The reasoning process when deciding what law applies to a case. |
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Natural Law
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A universal law that applies to all human beings; written laws should imitate these principles. |
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Ordinance
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Laws that are passed by the county to govern matters that aren't covered by federal law. |
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Petitioner
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The party bringing a lawsuit in equity cases.
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Plaintiff
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The suing party. |
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Precedent
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A decision that furnished an example for other cases. |
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Procedural Law |
All laws that delineate the methods of enforcing the rights established by substantial law. |
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Public Policy
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Government policy based on widely held societal views. |
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Remedy
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Legally enforcing a right or redressing a wrong. |
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Remedies at Law |
Land, Items of value, and Money.
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Remedy & Equity
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Remedies granted by the equity courts. These include specific performance (Performing), injunction (Stopping), and recession (Cancelling). |
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Reporters
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Cases that are published; Called reports. |
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Respondent
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The party being sued in equity court. |
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Sociological School
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This school views law as a tool promoting justice in society. |
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Stare Decisis
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The practice of deciding cases with precedent (To stand on decided cases) |
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Statutes of Limitations
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No action can be taken after this time has expired.
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Statutory Law |
Laws that are passed by any level of government; Statutes passed by congress.
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Substantive Law
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Laws that define, describe, regulate, and create legal rights and obligations.
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Syllogism
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A logical relationship involving a major, minor, premises, and a conclusion. |
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Uniform Law
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Model laws for the sates to consider adopting; Proposed by the NCCUSL. |
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CH. 2
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CH. 2
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Affidavits
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Sworn statements or documents |
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Affirmative Defense
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Defendant admits their wrong doing but tries to justify their doing with facts so they are not liable.
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Answer
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The defendant either admits or denies and sets forth defenses to the allegations. |
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Bankruptcy Court
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Handles only bankruptcy cases. |
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Brief
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a formal legal document outlining the facts of the case. |
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Closing Argument |
The attorney summarizes the facts/evidence of the case. Indicates why the evidence supports the claim.
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Complaint
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A statement that shows the facts that there's a personal jurisdiction. The plaintiffs basis for relief, and the remedy the plaintiff is seeking. |
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Concurrent Jurisdiction
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Federal and state courts have the power to hear a case involving diversity of citizenship. |
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Counter Claim
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Cross Examination |
A witness is subject to examination after the plaintiffs attorney finishes examining then the witness is subject to examining by the defendants attorney. |
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Default Judgment
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The plaintiff is awarded the damages alleged in her complaint if the defendant fails to respond.
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Deposition
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Sworn testimony by witness recorded by an authorized court official. |
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Direct Examination
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Examining or question a witness.
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Discovery
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Obtaining information form the opposing party prior to trial. |
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Diversity of Citizenship
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Requirements of Diversity Jurisdiction
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1. Plaintiff and defendant must be residents of different states. 2. Dollar amount must exceed $75,000 |
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E Evidence
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All electronic recorded information. |
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Exclusive Jurisdiction
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Cases that can only be tried in federal courts or state courts.
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Federal rules of Civil Procedure "FRCP"
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Civil trials held in federal district courts. 3 phases. Pre-Trial, Trial, and Post Trial . |
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Federal Question
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When a plaintiffs case of action is based the U.S constitution, a treaty, or federal law fall's under federal court. |
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Hearsay
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A testimony made by someone who is not under oath at the time of the statement. |
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In personam Jurisdiction
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Court can exercise over any business or person that stays in a certain geographic area. |
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in rem Jurisdiction
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Court has jurisdiction over property that is located in its boundaries. |
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Interrogatories
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Written question for which written answers are prepared and signed under oath. They are directed towards a party to the lawsuit not a witness. |
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Jurisdiction Review
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The judiciary can decide whether the laws/actions of the other two branches are constitutional.
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Jurisdiction
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The power to speak the law. Before any court can juristic must have jurisdiction of the subject. |
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Justiciable Controversy
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A controversy that is real and substantial and is not hypothetical.
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Long arm Statute
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A court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state. |
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Motion
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Procedure request submitted to the court by an attorney on behalf of the client. |
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Motion for a directed verdict |
At the conclusion of the plaintiffs case he defendant attorney can ask the judge to direct a verdict even though the plaintiff has presented no evidence to support the claim. |
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Motion for a new Trial
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The judge grants this motion if its believed that the jury was in error.
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Motion for judgment M.O.V
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The plaintiff wins the defendant can motion that the juries verdict was unreasonable and the judgment will be entered in favor of the defendant.
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Motion for Judgment on the Pleadings
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Either party asks the court to decide the issue solely on pleadings without proceeding to trial. |
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Motion for Summary Judgment
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Either party can ask the court to grant a judgment in that parties favor without a trial.
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Motion to Dismiss
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Either party can file to dismiss the case if the plaintiffs complaint fails to provide a remedy. |
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Opening Statement
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At the beginnings of a trial both attorneys are allowed to set forth the facts that they expect to prove during the trial. |
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Pleadings
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The complaint and answer taken together. |
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Pre-Trial Conference |
After discovery has taken place before the trial the attorneys meet with the trial judge to discuss the possibility of a pre-trial. |
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Pre-Trial motion
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Motion to dismiss motion for judgment of the pleadings motion for summary judgment.
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Probate Court
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State courts that handle a persons assets after death; Child custody. |
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Question of Fact
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Deals with what really happened in regards to the dispute. |
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Question of Law
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The application or interpretation of the law only a judge can rule over this. |
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Rebuttal
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Additional evidence that refutes the defendants case.
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Rejoinder
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The defendants attorney refuting that evidence. |
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Relevant Evidence |
Evidence that tends to prove or disprove a fact in question or probability.
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Rule of Four
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The court will not issue a WRIT review unless four of the nine justices approve of it. |
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Rules of Evidence
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The evidence will be admitted in court. |
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Formally notifying the defendant of a lawsuit. |
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Small Claims Court |
Inferior trial courts that hear only civil cases of less than $5000
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Standing to Sue
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Sufficient stake in a matter to justify seeking relief in the justice system. |
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Summons
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A notice requiring the defendant to appear in court and answering the complaint. |
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Venue |
The most appropriate location to hold a trial preferably in the area where the incident happened. |
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Verdict |
Specifies the juries factual findings and in the some cases the amount of the award. |
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Voir Dire |
The jury selection process. |
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Writ of Certiorari |
An order issued by the court to the lower court for review.
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Writ of Execution
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An order directing the sheriff to seize and sell the defendants assets.
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Ch. 3 Alternative Dispute Resolution |
Search for alternative means to resolve problems.
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American Arbitration Association
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Non profit organization that handles disputes and the cases are heard by experts to resolve them.
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Arbitration
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An arbitrator hears a dispute an makes a decision for the parties.
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Arbitrator
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A neutral third party or a panel of experts. |
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Choice of Law Clause
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The parties choose to have the laws of a specific state govern their agreement. |
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Early Mutual Case Evaluation
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The parties select a neutral third party to evaluate their positions and this forms the basis for negotiating a settlement.
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Facilitation
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A third party assist in reconciling the differences; a friendly adversarial manner. |
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Mediation
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A neutral third party acts as a mediator and works with both sides but they do not make a decision resolving the matter.
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Mediator
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A neutral third party that works with both parties to come up with a solution; Not a lawyer. |
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Mini Trials
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A private meeting where each parties attorney briefly argues the parties case before the trial. |
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Negotiation |
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Online Dispute Resolution "ODR"
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Resolving disputes in online forms, best used for small to medium sized claims. |
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Submission
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Summary Jury Trial
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Mock trial that occurs in a courtroom before a judge and jury. The juries verdict is only advisory and how it would in an actual trial.
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Ch. 4
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Ch. 4 |
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Business Ethics
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Focusing on what is right and wrong behavior in the business world.
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Categorical Imperative
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Individuals should evaluate their actions in light of the consequences that would follow if every member of society acted that way. |
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Corporate Social Responsibility
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The idea that those corporations can an should act ethically and be accountable. |
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Cost Benefit Analysis |
An assessment of the negative an positive effects of alternatively actions on these individuals. |
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Ethical Reasoning
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When the individual examines the situation at hand in light of their moral convictions.
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Moral Minimum
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The minimum acceptable standard for ethical business behavior is compliance with law. |
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Principle of Rights
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certain actions are morally wrong because they are contrary to nature.
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Stock Buyback
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Management believes the market price of its shares are below value so they buy its shares to boost the price of its stock. |
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Stock Options
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When share holders aren't able to buy shares of the corporate stock at a set price. |
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Utilitarianism |
or the morals. |
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Ch. 5
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Ch.5 |
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Bill of Rights |
The 10 amendments are a series of protection of an individual against the government. |
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Checks and Balances
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Allows each branch to limit the actions of the other branches. |
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Commerce Clause
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Stop prevent state from establishing laws and regulations that would interfere with trade and commerce. |
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Due Process Clause
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Both the 5th and the 14th amendment no person should be deprived of life or liberty without due process of law. |
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Equal Protection Clause
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* The government cannot enact laws that treat similar situated individuals differently. |
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Establishment Clause
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The first amendment states that the government may never establish any religion. |
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Federal form of Government
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The national government and the state share sovereign power.
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Filtering Software
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Software to keep children form assessing adult content. |
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Free - Exercise Clause |
The first amendment states that the government may never prohibit free exercise of religious practices.
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Full Faith and Credit Clause |
Rights established under deeds contracts in one states will be honored by other states.
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Meta Tags
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Key Words; A website. |
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Police Powers |
The right of state governments to regulate private activities to protect the public; Fire codes.
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Preemption
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When congress acts in an area where the federal government and state have power.
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Privileges and Immunities Clause |
Prevents a state from imposing burdens on citizens of another state; Doing business.
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Probable Cause
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Must have trustworthy evidence that will conceive a person or justifies a search.
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Search Warrant
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An order from the judge to search. |
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Supremacy Clause |
Proves that the constitution laws and treaties of the U.S are the supreme laws of demand. |
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Symbolic Speech
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Gestures, or movements that are given substantial protection by the courts.
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Ch. 6
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Ch. 6 |
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Adjudication
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Process of resolving a dispute by presenting evidence before a neutral third party.
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Administrative Law Judge
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Trial-like arbitration procedure.
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Bureaucracy
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Administrative agencies are part of the bureaucracy which is the fourth branch of government.
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Delegation Doctrine
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Congress has the power to establish administrative agencies that can create rules for implementing laws. |
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Enabling Legislation
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Specifies the name, purpose, function of the administrative agency created.
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Final Order
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If no party appeals the case or if the court declines to review the case the decision becomes final.
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Initial Order
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Decision on the case. |
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Interpretive Rule
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Declare policy and does not affect legal rights.
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Legislative Rule
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Legally binging as laws that congress passes; Substantive Rules.
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Notice and Comment Rulemaking
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3 basic steps. Notice of the proposed rulemaking, comment period, and the final rule.
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Rulemaking
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The creation of new regulations.
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Actus Reus |
A guilty act. Fro a crime to exist the person must cause some hair to a person. |
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Arson |
The willful burned of a building owned by another. |
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Beyond a Reasonable doubt |
The prosecutor must prove hyena a reasonable doubt that a defendant has committed ever essence of the crime. If the juror is not convinced then the defendant is not guilty. |
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Botnet |
Networks of computers that have been taken over by hackers without the knowledge of the owners. |
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Burlgery |
Breaking and entering at night with intent to commit a felony. |
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Computer Crime |
Any violation of criminal law that involves knowledge of computer technology for its investigation. |
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Crime |
A wrong against society proclaimed in a statute and punishable. They're prosecuted by an attorney not by victim. |
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Cyber Crime |
A crime online |
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Cyber Fraud |
Fraud committed over the internet. |
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Cyber terrorist |
Hackers who try to stay undetected so they can exploit computers for a serious impact. |
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Double Jeopardy |
You can not try someone twice for the same offense if found guilty. |
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Duress |
The wrongful threat towards a person to perform a act that wouldn't normally perform. |
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Embezzlement |
When a person entrusted with another person property abuses their property. (Bank thieves) Not larceny; Not Robbery. |
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Entrapment |
A defense used to prevent police officers form enticing people to commit crimes in order to prosecute them later. |
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Exclusionary Rule |
Any evidence obtained in violation of the 4th, 5th, and 6th amendment is not admissible at trial. |
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Felony |
Serious crime punishable by law or imprisonment for more than a year. |
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Forgery |
Signing for someone else without their permission. |
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Grand Jury |
They do not determine who's guilty they just hear the evidence and determine if its probable cause for a trial to be held. |
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Indictment |
The charge issued by a grand jury. |
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Larceny |
The unlawful taking of someone else property with intent to not give it back; Picking pockets. |
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Malware |
Any program thats harmful to the computer. |
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Mens REA |
A wrongful mental state. Typically used to establish criminal liability. |
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Misdemeanor |
A less serious crime punishable by a fine or jail time up to a year. |
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Money Laundering |
Illegal transactions; drug transactions, prostitution, gambling.. |
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Necessity |
Criminal defendants can be relieved of liability by showing that a criminal act was necessary to prevent greater harm. |
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Petty Offense |
Minor violations such as J walking. |
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Phishing |
A form of identity theft where a person posses as a business to get personal information. |
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Plea Bargaining |
A grant of immunity from prosecution for a serious crime. |
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Robbery |
Taking of money using force. |
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Self Defense |
The best known defense to criminal liability. |
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Self Incrimination |
When a person accused of a crime doesn't want to give any information they cannot be forced to do so by the 5th amendment. |
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Vishing |
When phishing involves some form of voice communication. |
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White Collard Crime |
A nonviolent act by a person or business to gain personal advantage. |
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Worm |
A software program that is capable of producing itself as it spreads. |
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Actionable |
Capable of serving as the ground for a lawsuit. |
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Actual Malice |
A statement made with knowledge of its falsity. |
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Appropriation |
The use of another persons name without permission or personal benefit. |
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Assault |
Any intentional threat of immediate harm. Including words or acts that creates reasonable apprehension of harmful contact of another person. |
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Assumption of Risks |
A plaintiff who voluntarily enters into a risky situation knowing about the risk and they won't recover. |
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Battery |
The completion of the intentional act that caused apprehension. Physical injury doesn't need to occur. |
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Business Invitee
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Firms that invite people to their business are liable for the persons care. |
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Business Tort |
Wrongful interferences with the business rights of others. Interference with a contractual relationship; Interference with a business relationship. |
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Causation In Fact |
If an injury would not have occurred without the defendants act then there is causation in fact. |
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Comparative Negligence |
The plaintiffs and the defendants negligence to be computed and the liability for damages distributed accordingly. |
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Compensatory Damages |
To compensate a plaintiff for actual losses. Special damages (monetary losses) and general damages (Can be compensated for money loses and emotional). |
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Contributory Negligence |
A plaintiff who was also negligent cannot cover anything from the defendant.
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Conversion |
When a person wrongfully uses someones personal property without permission. |
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Cyber Tort |
Torts committed via internet concerning defamation. |
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Defamation |
Wrongfully hurting a persons reputation. |
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Disparagement of Property |
Falsehoods that are made about another persons product rather than about reputation. |
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Drom Shop Act |
A bar owner amy be held liable for the damages of an intoxicated person. |
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Duty of Care |
People are free to act as they please so long as their actions do not infringe on the interest of others. |
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Fraudulent Misrepresentation |
Intentional deceit for personal gain. |
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Good Samaritan Statute |
Someone who is aided voluntarily by another can not turn around an sue that person. |
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Intentional Tort |
When somebody intends to commit a act the consequences of which interfere with the personal interest of another in a way not permitted by law; Assault and battery imprisonment. |
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Libel |
Defamation in writing or other permanent forms such as a digital recording. |
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Mal practice |
If a professional violates duty of care to a client the client can sue. |
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Negligence |
When someone suffers injury because of anthers failure to live up to a required duty of care the risk must be foreseeable. |
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Negligence per say |
A failure to act that violates a statute that causes another to be injured. |
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Privilege |
A perosn will not be liable for defamatory statements because they are immune; Absolute & Qualify; such as government officials during debates. |
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Proximate Cause |
Legal Cause when the connection between the act and the injury is strong enough to justify liability. |
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Public Figure |
Government power or anybody who is in the limelight. |
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Punitive Damages |
Damages awarded to punish the wrong doer and to tier others from similar wrong doings. |
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Reasonable Person Standard |
The judgment of how an ordinary person would act under the same circumstances; Objective. |
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Res ipsa Loquitur |
The presumption of the defendants negligence; the facts speak for themselves. |
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Slander |
A form of oral defamation. |
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Slander of Quality |
The publication or falsification saying that it's not what its sellers claim it does. |
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Slander of Title
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When a publication falsely denies anothers legal ownership of property resulting in financial loss. |
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Spam |
Unsolicited junk emails. |
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Superseding Cause |
Relieves a defendant of liability of injuries caused by the intervening event. |
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Tort |
Two notions of torts are wrongs and compensation; designed for those who have suffered a loss or injury from another persons wrongs. |
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Tort fearer |
The one committing the tort. |
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Trade Libel |
Plaintiff must prove that the false information caused a business loss. |
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Trespass to Land |
Occurs anytime a person without permission walks or enters the surface of land owned by another or permits anything to remain on it. |
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Trespass to Personal Property |
When an individual takes or harms the personal property of another or interferes with the lawful owners possession and enjoyment. |
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Bystander |
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Market Share Liability |
In a product liability claim a plaintiff must prove that a defective product caused the injury and that it was that particular product. Some courts have dropped this requirement. |
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Product Liability |
Those who make goods can be held liable for physical harm caused by those goods. |
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Product Misuse |
A product is used for a purpose for which is not intended; The person does not know hat the product is dangerous for a particular use. |
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Statute of Repose |
Outer time limit on product liability actions. |
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Strict Liability |
Strict Liability for damages caused by an dangerous activity. |
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Unreasonably Dangerous Product |
A product that is dangerous due to a flaw in the manufacturing process, a faulty design, or an inadequate warning. |
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Ist Amendment |
Congress Shall make no law respecting an establishing of religion or prohibiting the free exercise or freedom of speech; The right to assemble and petition the government for a redress of grievances. |
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4th Amendment |
The right of the people to be secure against unreasonable searches and no warrant shall issue but upon probable cause. |
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5th Amendment |
No person shall be held to answer for a crime unless indicted by grand jury except in cases arising in the land or militia or public danger; No double jeopardy; No self incrimination; Nor be deprived life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation. |
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6th Amendment |
If you get committed of a crime you are given the rights to know why you are being persecuted. |
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14th Amendment |
Won't discriminate against U.S citizens; protect the rights of U.S citizens. Section 1. People who are born or nationalized in the U.S are subject to jurisdiction. And are citizens of the U.S or the State where they reside. No state shall make any laws that abridges the privileges of citizens. |