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124 Cards in this Set
- Front
- Back
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absolute privilege
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existing in court rooms and legislative hearings, can say anything at all and never be sued for defamation
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actual malice
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a public figure must prove that the defendant knew statement was false/acted with recklesss disregard of the truth
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assault
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intentional act that causes plaintiff to fear imminent battery
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battery
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intentional touching of another person in a way that is unwanted or offensive
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comparative negligence state
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a state in which a plaintiff may generally recover even if she is partially negligent
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compensatory damages
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those that flow directly from the contract
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contributory negligence
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a rule of a tort law that permits a negligent defendant to escape liability if she can demonstrate that the plaintiff's own conduct contributed in any way to the plaintiff's harm
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dram shop laws
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acts in many states making liquor stores, bars, and restaurants liablle for serving drinks to intoxicated customers who later cause harm
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element
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a fact that a party to a lawsuit must prove in order to prevail
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false imprisonment
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intentional restraint of another person without reasonable cause and without her sonsent
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fraud
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deception of another person to obtain money or property from her
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intentional infliction of emotional distress
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results from extreme and outrageous conduct that causes serious emotional harm
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intentional tort
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an act deliberately performed that violates a legally imposed duty and injures someone
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intrusion
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a tort if a reasonable person would find the invasion of her private life offensive
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libel
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defamation done either in writing or by broadcast
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negligence and strict liability
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injuries caused by neglect and oversight rather than by deliberate conduct
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opinion
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generally a valid defense in a defamation suit because it cannot be proven ture or false
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punitive damages
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intended to punish the defendant for conduct that is extreme and outrageous
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qualified privilege
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exists when two people have a legitimate need to exchange information protects the parties from defamation
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res ipsa loquitur
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a doctrine of tort law holding that the facts may imply negligence when the defendant had exclusive control of the thing that caused the harm, the accident would not normally have occurred without negligence, and the plaintiff played no role in causing the injury
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single-recovery principle
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requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses
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slander
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oral defamation
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strict liability
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a tort doctrine holding to a very high standard all those who engage in ultrahazarhous activity or who manufacture certain products
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tort
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a civil wrong, committed in violation of a duty that the law imposes
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tortious interference with a contract
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the defendant improperly induced a third party to breach a contract with the plaintiff
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tortious interence with a prospective advantage
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malicious interference with a developing economic relationship
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ultrahazardous activity
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conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity
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acquit
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to find the defendant not guilty of the crime for which he was tried
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actus reus
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the guilty act
ex. taking another person's life |
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affidavit
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a written statement signed under oath
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agent
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person who acts for a principal
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arson
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malicious use of fire or explosives to damage or destroy property
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beyond a reasonable doubt
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Government's burden in a criminal prosecution
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compliance program
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a plan to prevent and detect criminal conduct at all levels of the company
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criminal law
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rules that permit a government to punish certain behavior by fine or imprisonment
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criminal negligence
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griss deviations from reasonable conduct
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crininal procedure
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process of investigating, interrogating, and trying a criminal defendant
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double jeopardy
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a criminal defendant may be prosecuted only once for a particular criminal offense
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due process
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requires fundamental fairness at all stages of the case
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embezzlement
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fraudulent conversion of property already in the defendant's possession
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exclusionary rule
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a ban on the use of evidence obtained in violation of the constitution
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Federal Sentencing Guidelines
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detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court
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felony
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the most serious cromes, typically those for which the defendant could be imprisoned > 1 year
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Fraud
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deception of another person to obtain money or property from her
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general deterrence
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the goal of demonstrating to society generally that crime must be shunned
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grand jury
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a group of ordinary citizens who decide whether there is probably cause the defendant committed the crime and should be tried
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guilty
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court finds defendant has committed a crime
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Identity Theft and Assumption Deterrence Act
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statute prohibits the use of false identification to commit fraud or other crime, victim can seek restitution
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indictment
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the government's formal charge that a defendant has committed a crime
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insane
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defendant found to have been insane at the time of the crime, declared not guilty adn will be committed
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Larceny
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taking personal property with the intention in preventing the owner from ever using it
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mens rea
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Guilty state of mind
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misdemeanor
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a less serious crime (ofter penalty is jail)
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money laundering
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taking proceeds of certain criminal acts and either using the money to promote crime or attempting to conceal the source of the money
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motion to suppress
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a request that the court exclude evidence because it was obtained in violation of the Constitution
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national security letter (NSL)
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issued by FBI to furnish the govt. with customer records and never divulge to anyone what it has done
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Occupational Safety and Health Act of 1970
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safety standards in the workplace
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Plea bargain
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agreement between prosecution and defense that the defendant will plead guilty to a reduced charge
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probable cause
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information available indicated it is more likely than not that a search will uncover evidence
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RICO
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law passed to prevent gansters from taking illegal money and investing in into legitimate businesses
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racketeering acts
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specialized crimes: embezzlement, arson, mail fraud, wire fraud
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restitution
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restoring an injured party to its original position
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retribution
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giving a criminal defendant the punishment he deserves
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specific deterrence
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intended to teach specific defendant that crime carries a heavy price tag
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vengeance
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society's desire to see the perpetrator suffer
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warrant
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written permission from neutral offical to conduct a search
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bilateral contract
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each party has made a promise
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consideration
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something of legal value that has been bargained for and given in exchange
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contract
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legally enforceable promise
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executed contract
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all parties have fullfilled all obligations
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executory
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one or more of the parties has not fullfilled obligations
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express contract
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parties explicitely state all important terms
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illusory promise
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apparent promise that is unenforceable because the promisor makes no firms commitment
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implied contract
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created not by explicit language but by informal words and conduct of the parties
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judicial activism
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willingness shown by certain courts to decide issues of public policy and matters of contract fairness
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judical restraint
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court's preference to abstain from adjudicating major social issues
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letters of intent
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summarized negotiating progress
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meeting of the minds
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parties understood each other and intended to reach an agreement
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mirror image rule
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acceptance be on precisely the same terms as the offer
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offer
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act or statement that proposes definite terms and permits the other party to creat a contract by accepting
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offeree
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receives the first offer
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offeror
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who makes the first offer
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promisory estoppel
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court may enforce a promise made by the defendant even when there is no contract (defendant knew plaintiff relied on promise)
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quantum meruit
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"as much as she deserves"
damages awarded in a quasi-contract |
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quasi-contract
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legal fiction to aviod injustice
court awards damages as if contract existed |
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unenforceable agreement
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parties intend to form valid bargain but court declared that some rule of law prevents it
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unilateral contract
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agreement in which one party had made an offer that the other can accept only by action, not words
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valid contract
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satisfies all the law's requirements
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void agreement
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neither party may legally enforce
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voidable contract
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may be terminated by one party, but not by both (minors)
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bilateral mistake
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error occurs when both parties negotiate based on same factual error
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capacity
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legal ability to enter a contract
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disaffirm
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give notice of refusal to be bound by an agreement
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exculpatory cause
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attempts to release one party from liability
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integrated contract
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writing that parties intend as the complete and final agreement
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misrepresentation
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factually incorrect statement made during contract negotiations
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opinion
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valid defense in defamation suit
cannot be proven true or false |
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oppression
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one party uses superior power to force contract on weaker party
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parol evidence
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written or oral, outside the language of the contract,
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puffery
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statement that reasonable person would realize is a sales pitch
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rescind
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cancel
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statute of frauds
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law provides certain contracts not enforceable unless in writing
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surprise
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weaker party does not fully understand consequences of the agreement
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unconscionable contract
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court refuses to enforce
is fundamentally unfair unequal bargaining power |
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unilateral mistake
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one party enters contract under mistaken assumption
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commercial impracticability
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entirely unforeseen event occurs
enforcement becomes unfair |
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compensatory damages
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flow directly from contract
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consequential damages
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from unique circumstances of this injured party
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discharge
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a party has no more duties
party is released from liability |
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expectation interest
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remedy that puts injured party where they would have been, had both sides fully performed
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frustration of purpose
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unforeseen event and eliminates value of contract
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incidental damages
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minor costs, injured party suffered while responding to contract breach
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injunction
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court order that a person either do or stop doing something
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interest
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legal right in something
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liquidated damages clause
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provision in the contract that declares in advance what one party will receive if the other side breaches
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mitigate
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keep damages as low as is reasonable
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reliance interest
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remedy in a contract case that puts the injured party in the position had they never entered into a contract
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restitution interest
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remedy that returns injured party a benefit that he has conferred on the other party
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specific performace
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forces both parties to complete the deal
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statute of limitations
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determines the period within which a particular lawsuit must be filed
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strict performance
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one party to perform obligations precisely
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substantial performance
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one party fullfills enough of of its contract obligations to be compensated
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time of the essence clause
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makes contract dates strictly enforceable
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true impossibility
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something happens making it impossible to do what was promised
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