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24 Cards in this Set

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