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24 Cards in this Set
- Front
- Back
Original jurisdiction
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authority of ta courth to determine the rights and obligations of the parties in a lawsuit
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pendent jurisdiction
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authority of a federal court, presented with a federal claim, to also determine interrelated claims based on state law
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In Personam jurisdiction
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authority of a court to render and enforce rulings over a particular individual and the individual's property
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long arm statute
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authority of a court to impose in personam jurisdiction over persons beyond the court's geographical boundaries
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in rem jurisdiction
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authority of a court over a specific item of property regardless of who claims the property or an interest in it
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quasi in rem jurisdiction
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authority of a court over a person's interest in a certain property
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concurrent jurisdiction
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situation in which more than one court has authority to hear a particular case
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executive jurisdiction
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authority of a court to hear a case, that authority being superior to the authority of all other courts
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tort
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an injury to an individual or property that may or may not encompass commensurate criminal acts
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trespass
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claims that the alleged guilty party acted in such a way that the victim was directly injured due to wrongful conduct
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negligence
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1.) Duty
2.) standard of care 3.) breach of the standard 4.) damage proximately caused by the breach |
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res ipsa loquitur
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"the thing speaks for itself"
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contributory negligence
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doctrine maintaining that a plaintiff who contributes in any way to his or her own injury cannot recover from a negligent defendant
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comparative negligence
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degree of the plaintiff's own negligent conduct that was responsible for the plaintiff's injury
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assumption of risk
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defense to negligence on the basis that the plaintiff knew of, appreciated, and voluntarily encountered the danger of the defendant's conduct
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real property
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land or anything permanently affixed to land and no longer movable
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freehold estate
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an interest in real property that involves certain rights of ownership
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fee simple
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in U.S. law, a term signifying absolute ownership of real property
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life estate
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the right to possess and use real property for the duration of one's life with limited ownership rights
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tenancy in common
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a form of multiple ownership of property whereby each tenant shares with the other an undivided interest in the property
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joint tenancy
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a form of multiple property ownership whereby the property owners have fee simple and share four unities, and each owner shares in the right of survivorship
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right of survivorship
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ownership interest transfers automatically to surviving co-owners upon death of an owner, rather than passing by will
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tenancy by entirety
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a form of multiple ownership of property between spouses that includes the characteristics of joint tenancy including the right of survivorship
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nonfreehold estate
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an interest in real property that is limited in duration and involves the right of possession but not ownership
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