Legal Definitions Spm 415 (Quiz 1)

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Tort

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law of civil wrong doings

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Privilege

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allows an individual to act in ways normally considered assault and battery. Self-defense and acting in defense of a third party are the most common forms of privelege. In certain situations...

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Fraud

Back 3

deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage

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Equal Protection

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right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law

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Statute of limitations

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law defining the period within which legal action may be taken

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Negligence

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an unintentional tort that injures an individual in person, property, or reputation

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Brief

Back 7

written summary of facts and legal points supporting one side of a case

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Standard of care

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the level at which the average provider in a community would practice under the same or similar circumstances

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Battery

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the intentional, unpermitted, unprivileged and offensive touching of a person one individual by another

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Defendant

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is the person or parties who are being sued

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Punitive Damages

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awarded by courts in addition to the compensatory damages in situations in which the defendant's outrageous conduct requires special punishment, in part to discourage similar future conduct

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Summary Judgment

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decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law

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Deposition

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the sworn testimony of a witness taken before trial held out of court with no judge present. The witness is placed under oath to tell the truth, where lawyers for each party may then ask questions; the questions and answers are recorded. When a person is unavailable to testify at trial, the deposition of that person may be used. This is part of the pre-trial fact-finding process

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Damages

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refers to the money awarded to the plaintiff in a successful civil suit

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In Loco Parentis

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is a person or organization that assumes parental rights and duties for a minor

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Administrative Law

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laws, rules, and regulations developed, adopted and enforced by a specific government agency

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Due process

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principle that the government must respect all of a person's legal rights instead of just some or most of those legal right when the government deprives a person of life, liberty, and property

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Contract

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promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty

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Jurisdiction

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legal authority which a court has over particular persons, certain types of cases, and in a defined geographical area

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Collective Bargaining Agreement

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a contract that expresses the final negotiation between management and union over the mandatory subjects of their business

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Constitutional Law

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deals with the interpretation and implementation of the US Constitution. It deals with some fundamental relationships within our society, which include relationships among the states, the federal government, and the human rights of the individual in relation to both the state and federal government

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Causation

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the bringing out of a result, an element in various tests for legal liability

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Common Law

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refers to cases that have been resolved by various courts. The decisions of numerous courts over hundreds of years are combined to form our common law system

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Mediation

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the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result

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Immunity

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the exemption from a duty or liability that is granted by law to a person, class of persons, or organizations

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Arbitration

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a legal technique for the resolution of disputes outside the courts, a decision by which both parties are legally bound

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Notice of appeal

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document a person must file with the trial court in order to pursue an appeal

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Notice of Appeal

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the document a person must file with the trial court in order to pursue an appeal

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Alternative Dispute Resolution (ADR)

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includes dispute resolution processes (negotiation, arbitration, and mediation) and techniques that fall outside of the government judicial process, which serve as alternatives to courtroom adjudication of disputes

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Statutory Law

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law originating from and passed by legislative bodies

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Inherent risks

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risks which are integral to an activity. They are assumed by the participant and, therefore, there is no liability for injury that occurs due to inherent risks

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Amicus Curiae

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legal term referring to a person who volunteers to offer information on a point of law or some other aspect of a case to assist the court in deciding on a matter. This can be in form of a testimony, or a learned treatise on a matter that bears the case

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Discovery

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process used to discover information about the opposing parties in a suit

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Breech of contract

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when one party fails to meet obligations under law