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47 Cards in this Set

  • Front
  • Back
Jurisdiction
area or types of controversies which a court has the authority to adjudicate
-may be geographically based
-joint or exclusive
Federal Courts
1. district courts
2. circuit courts
3. US supreme courts
State Courts
1. Court of Common pleas (county)
2. superior court
3. common wealth court
4. State supreme court
Diversity Jurisdiction
citizens of different states or countries suing each other
Plaintiff
Person filing the lawsuit
Defendant
person defending the lawsuit
Summons
tell you that you are being sued and you must respond within a certain amount of time
pathos
passion
Negligence
failure to exercise reasonable care

And: Legally, it is the breach of a legal duty To act reasonably
tort
civil wrong committed against one person from another
Prima Facie Case
-party must prove all elements in order to go forward
-then the other party must contradict all evidence
-breach of the duty to exercise reasonable care--> injury to plaintiff
Proximate Cause
the breach of duty must be the direct cause of the plaintiff's injury/damages
Invitee
Someone who comes upon the premises for purposes for which the business is open to the public
(going to spend money/increase business)
Liscensee
Someone on the premises w/permission of the owner but not there to further business of the owner
Trespasser
someone not allowed on the premises
Res Ipsa Loquitur
The thing speaks for itself

do not need proof of negligence, raises inference of negligence
Negligence Per Se
violation of a law or ordinance that is designed to protect the safety of the public

If the plaintiff can prove violation of a law or ordinance, he does not also have to prove that the defendant acted unreasonably
Strict Liability
if a defendant engages in an ultra hazardous activity, is more liable to the public for any injuries/damages
(ie: working with live animals)
Respondeat Superior
"let the master answer"

(puts blame/liability on employer)
Contributory Negligence
-doctrine that excuses a negligent party from all liability if the other party was injured as a result of any negligence on their own part
Comparative Negligence
allocates responsibilty between parties based on their respective degrees of negligence
Assumption of Risk
doctrine that someone who engages in an activity w/knowledge of the risk cannot recover based on negligence of the other party
(basically irrelevant today)
The Law
“The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.”
“Common Law”
“Custom and policies . . . enforced by judicial decision”
Legislation
This includes laws enacted by some legislative body
The United States Constitution
Federal Statutes
State Statutes
Local Ordinances
Regulations – Federal, State, or local
statutory law
dictates how courts are to decide disputes at virtually all levels
Constitution of the United States
“The Supreme Law of the Land”

>Organizes the government
>Defines (and limits) the roles, responsibilities, and powers of the various branches of governments
>Defines a “separation of powers” between the federal government and the states

All legislation enacted at the federal and/or state level must conform to (be consistent with) requirements of the Constitution of the United States
“Federal Question” jurisdiction
>Relates to “cases and controversies” involving questions arising under federal law
>Some federal laws may create either exclusive or joint
jurisdiction in the federal courts
Certiorari
Discretionary jurisdiction over appeals from Circuit Courts of Appeal

(part of the jurisdiction of the US Supreme Court)
Civil Laws
>Contracts
>Torts (Negligence, Assault, defamation, ....)
>Domestic Relations
>Wills and Estates
Criminal Laws
>Robbery, burglary, theft
>Arson
>Murder, Assault, Battery, ...
Will Rogers said...
"On account of being a democracy, and run by the people, we are the only nation in the world that has to keep a government four years, no matter what it does."
the man on the Clapham omnibus
reasonable person of ordinary prudence
CHILDREN and the Reasonable Person Test
Children cannot perceive dangers to the same extent as adults, so business owners are held to a higher standard of care when property is accessible by children
“Attractive Nuisance” Doctrine
a potentially dangerous object or condition which is exceptionally attractive to young people (swimming pools, construction sites, large construction equipment, snow piles)

The owner of property where an attractive nuisance exists has an affirmative duty to remove the danger
Sergeant Phil Esterhaus said...
“Hey, Let’s be careful out there!”
Who said this? “There’s no fee unless we get money for you!”
Edgar Snyder
“contingent fee” arrangement
the lawyer gets a percentage (usually anywhere from 30% to 50%) of the “recovery” (plus expenses)
“default judgment”
the result of a failure to respond to a summons: entered against the defendant
Answer
This is a response to every substantive allegation of the Complaint
Motion
-Most initial (pre-discovery) Motions are based on “procedural” or "jurisdictional” issues
-After completion of "Discovery” either party may file a “Motion for Summary Judgment”
-These refer to “pre-trial motions”
Motion for Summary Judgment
This is granted after completion of discovery if, assuming all disputed facts are resolved in favor of the party against whom the motion is sought, there is no basis for a reasonable person to find in favor of that party as to the issue in dispute.
Pre-Trial “Discovery”
disclosure of facts from one party to the other.

Never assume that any document you create is legally “confidential” !

-Interrogatories – Written questions
-Requests for Admissions
-Depositions -- Testimony before a court reporter under oath
-Requests for Production of Documents
-Access to premises
Case "cite"
formal reference to the decision of a court.

It includes:
-Names of the parties
-Volume number of the “Reporter” where you will find the decision
-Identification of the “Reporter” (court reference)
-Page number in the reporter where the case is found
-Year the decision was issued
Alternative Dispute Resolution
A dispute may be submitted to
arbitration and mediation
by the parties after the dispute arises or may have in contract
Arbitration
-a decision that is binding on the parties
-similar to trial with evidence, witnesses, etc.
-decision based on merits of the case and enforceable
Mediation
-try to get parties to reach a settlement agreeable to both parties
-negotiation/meeting
-no decision