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468 Cards in this Set
- Front
- Back
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court
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1. serves not only to refer to the judicial branch of government or place where legal disputes are decided.
2. particular judge and related administrative personnel involved in deciding a matter 3. all judges in particular district or county |
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allege
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action of formally stating a specific charge in court of law or legal document must be able to prove
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allegaton
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specific charge against a person made in accordance with state or federal legal codes
legal professionals are limited to alleging only what they can prove |
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innocent
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legal system presumes that every person is innocent until proven guilty beyond a reasonable doubt
no legal plea of innocent |
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guilty
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an admission of having committed the crime alleged
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not guilty
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a denial of having committed the crime alleged
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not guilty by reason of insanity
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a denial based on an inability to appreciate the crminality of an act or to form criminal intent
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double jeopardy or former jeopardy
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a statute that forbids charging someone with a crime for which he was already found not guilty
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no contest or nolo contendre
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guilty plea in criminal case except that it can't be used as evidence against defendant later in private or civil lawsuit
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acquitted
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a person found not guilty
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acquittal
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formal legal release from charges and from any legal or financial consequences arising from the charges
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wrongful act
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an act or failure to act that infringes on the rights of another person and causes damage to that person
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damage
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loss harm or hurt that results from an injury
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injury
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invasion of legal rights that adversely affects a person's body property or reputation
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relief
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1. financial compensation for loss sustained by injury
2. certain types of compulsory conduct such as payment of alimony or child support 3. prohibition against certain types of conduct such as dumping toxic waste |
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equitable relief
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relief in form of compulsory or prohibited conduct
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remedy
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legal means by which a person's right is enforced and relief is gained
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damages
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remedy consisting of financial relief
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actual damages
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compensatory damages
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compensatory damages
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sum rewarded to injured party as financial compensation for loss or damage.
may include financial compensation for expenses , lost work time and expenses incurred as ressult of injury ie. medical bills, pain and suffering |
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punitive damages
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awarded above and beyond compensatory damage.
addl punishment |
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pain and suffering
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mental anguish or physical pain arising from injury
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injunction
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remedy that involves equitable relief
a command issued by court either forbidding or compelling specifically defined activities |
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order
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a command issued by a court
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court order
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a command delivered formally in a document
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statuatory definitions
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definition has been officially authorized by a statute which is a law enacted by the state or federal legislature.
commonly found near the beginning of the state or federal code |
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terms of art
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words that possess a known meaning unique to a profession usually summarizing a complex concept in one succinct phrase
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ab absurdo
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literally "from the absurd" often used to describe an argument that seeks to establish its validity by pointing out the absurdity of the opposing argument
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ab inito
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from the beginning
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ad infinitum
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without limit forever to infinity endlessly
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certiorai
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literally " to be certain or assured" used to describe petitions from a higher court to certify the record of a case tried in a lower court that the higher court may review the case
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contra
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in opposition to; against
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damnum absque injuria
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no basis for lawsuit; loss with out injury in the legal sense
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dixi
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I have spoke .. the matter is settled
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in flagrante delicto
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while the wrong is blazing
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lex talionis
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an eye for an eye, a tooth for a tooth
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sine mora
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without delay
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causa
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cause used in references to causes of action
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codex
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a manuscript of parchment or code of laws
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consensus
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agreement
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corpus juris
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body of law. the collected laws or stae or country
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ergo
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therefore
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inter ali, inter alios
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amoung other things , between other persons
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inter se
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amoung themselves
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et cetera or etc.
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and so on
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et nunc et semper
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from now on
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exampli grati or e.g.
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for example
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ex more
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according to custom
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hic en nunc
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here and now
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hoc loco
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in this place
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in loco parentis
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in the place of the parent
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in se
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in itself
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id est or i.e.
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that is
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in camera
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in chambers, refers to a hearing or inspection of documents that takes place in private often in judges chambers
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in absentia
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in one's absence
some jurisdictions allow for a trial of a defendant in absentia on the grounds that by choosing not to appear the defendant concedes the issue |
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in cipit
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here begins
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in dicia
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signs or marks
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in extenso
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word for word
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in extremis
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at the point of death
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in flagrante delicto
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while the wrong is blazing
used to describe a wrong observed at the time it was committed |
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in perpetuum
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forever, from this root stems the real estate concept of the rule of perpetuity
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in situ
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in its natural location
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in statu quo
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in the same state
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inter nos
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between or amoung ourselves
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inter paras
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between or amoung equals
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intra vires
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with in the powers
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licet
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it is allowed
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loco citato
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in the place cited
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locum tenens
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a substitue or deputy doctors works under a locum tenens contract i.e. work for health care facility
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locus in quo
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place in question
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loquitior
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he speaks
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manu propria
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by one's own hand
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mea culpa
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i am to blame
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me iudice
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in my opinion
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modus operandi
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manner of working
commonly used in police work and criminal law to describe the usual or customary manner in which a criminal carries out or commits a crime(s) |
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multum in parvo
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much in little
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per incuriam
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through carelessness
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per interium
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meanwhile
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persona grata
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an acceptable person
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posse comitatus
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a posse - most states have law allowing peace officers to deputize citizens by merely demanding their assistance in a police activity refusal to do so is often a crime
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post mortem
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an autopsy
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post scriptus or ps
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a post script
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punctatum
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point for point
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quaere verum
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seek the truth
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quo iure or quo jure
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by what right
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quodam
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former
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re
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concerning or regarding
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recto
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right
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scripsit
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he wrote it
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sequitur
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it follows
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sine dubio
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without doubt
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sine loco et anno
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without place and date
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sine prole
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without children
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sine qua non
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an indispensable condition anything thats sine qua non is absolutely neccessary
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sponte sua or sua sponte
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for one's own good, current legal usage refers to jury instructions which should be given sua sponte ie they're necessary for the proper decision of the jury
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state decisis
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let the decision stand. A doctrine by which the public shed decision of an upper court in binding upon the courts beneath it in its jurisdiction
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status
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condition or state
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status quo
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the same state
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stet
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let it stand
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subiudice
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before the courts
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subpeona
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an order compelling a person to appear to testify or produce documents
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sub rosa
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in strict confidence secretly. In modern usage describes a covert investigation or operation
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ultima ratio
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the final agreement
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supra
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above
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suo tempore
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at one's own time
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sufficit
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it is sufficient
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vincit veritas
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truth wins out
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vice versa
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conversely
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via
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a way
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versus
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against
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veritas
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truth
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ultra vires
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beyond legal authority
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venue
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place where trial held - geographic area where action is tried
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change of venue
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change in location of trial
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concurrent jurisdiction
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two or more courts authorized to hear a particular case
principle is means of ensuring a fair trial |
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original jurisdiction
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court empowered to hear a lawsuit when it first goes to trial
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appellate jurisdiction
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courts authorized to hear cases which the verdict is appealed
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civil law
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body of laws that defines private rights and responsibilities
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action at law
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financial compensation for loss, damage or injury
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court of equity
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special court for actions at equity determination
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court of law
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court of deterination of actions of law and actions at equity in most states
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court at equity
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seeks some sort of equitable relief
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criminal action
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initiated when a crime has occured
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actions
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use of court system to enforce or protect laws or legal rights
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proceeding
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action
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criminal law
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the body of laws that distinguishes society-wide rights, responsibilities and liabilities
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crime
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an offense committed against society as a whole has occurred
includes theft, murder, treason, rape and kidnapping |
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civil action
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two or more private parties which may include people, organizations or institutions become involved in a dispute involving private rights or responsibilities that they can't settle themselves
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litigation
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legal actions most frequently used in civil actions including, personal injury biz disputes, real estate disputes, family law disputes and probate law disputes
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probate law
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disagreements or issues over inheritance
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co-defendant(s)
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several defendants name together in the same suit
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co-plaintiffs
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several plaintiffs initiating an action together
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class action suit
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a lawsuit in which one or more parties files a complaint on behalf of themselves and all other people who are similarly suffering from same problem - often used when large number of people have comparable claims
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defense attorney
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lawyer who represents defendant
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plaintiffs counsel
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lawyer who represents plaintiff
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family law
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governing divorce and child custody
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guardianships
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dealing with issues of child supervision
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prosecution
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criminal proceedings - plaintiff
usually acting on behalf of people of us or state where crime occurred |
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petitioner
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the party initiating family law, guardianship or problate action
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petitioners counselor
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petitioners attorney
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opponents or opposing counsel
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opposite sides
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statutes of limitations
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federal and state regulations determining the maximum amount of time that passes between injury or offense and initiation of an action
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state rules of civil procedure
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civil actions governed by state or local courts
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federal rules of civil procedure
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civil actions brought by federal courts
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rules of procedure
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rules for conducting a civil action
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exclusive jurisdiction
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a court that has sole authority to hear a particular case
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jurisdiction
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court that has authority to hear a particular case
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trial
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process of deciding a dispute between two parties in a court before a judge or jury
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demurrer
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defendants counsel must file a pleading in response to a formal complaint.
This type of objection to suit based on legal errors specifically contained in the pleading |
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sustain
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judge supports argument
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deny
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judge overrules argument
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substituted service
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mailing the documents, delivering them to the defendants representative or publishing in newspaper
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constructive service
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leaving a sumons and complaint at defendants last known address
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personal service
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delivery by hand
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process server
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person responsible for delivering summons
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attorney fees
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fees charged for all services rendered by lawyers involved in case
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court costs
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all costs involved in litigation including court fees, witness fees and cost of making a transcript of witness testimony. this does not include attorney fees
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court fees
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fees for filing and other services provided by clerk of court
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summons
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defendant is notified of lawsuit through a formal document
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service of process
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delivering of summons or other legal documents to the people who are required to recieve them
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process
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method by which defendant formally notified and compelled to respond
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clerk of court
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an administrative official who keeps courts records and accepts the fees associated with various court procedures such as filing and certifying legal documents
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calendar or dockett
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complaint listed in a record of cases filed in court
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appear
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defendant physically making an appearance or formally submitting pleading
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bringing suit
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formally initiate a lawsuit filing appropriate pleadings
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affirmation
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when an affidavit or verification can't be submitted to court - an unsworn formal statement submitted instead
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acknowledgment
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notary public who confirms identity of affiants signature and has authority to sign statement
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verification
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statement sworn in verified complaint
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affiant
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person making a sworn statement
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affidavit
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sworn statement
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verified complaint
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a complaint that includes specific facts together with a sworn statement affirming under oath the truth of the facts
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strike
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part of complaint or other document means to remove it from official record
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petition
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certain actions where same as complaint - ie. divorce
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ad damnum clause
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portion of complaint that plaintiff specifies demand for damages and amount of complaint
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complaint
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special type of pleading initiated by an attorney for the plaintiff to initiate lawsuit - names defendants, clear allegations against defendant demand for damages and amount of complaint
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caption
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specifically constructed heading for pleading includes pertinent info such as names of plaintiffs, defendants, jurisdiction, venue of court and type of document being submitted
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pleading
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formal legal document constructed according to the rules of court procedure
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long arm statutes
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sometimes allows one state court to obtain peronam jurisdiction in another state if person does significant amount of biz in state which court is located
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lis pendes
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a pending suit
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jurisdiction in personam or in personam jurisdiction
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initiated only in a court that has jurisdiction over a person
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in personam action
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a lawsuit against a person
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quasi in rem action
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property in question located in one state and defendant lives in another. plaintiff can initiate quasi rem action
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doctrine of lis pendes
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hold that a pending in rem action is legally considered public notice of a legal dispute.
anyone interested in purchasing disputed property will be bound to court decision concerning property |
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in rem action
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lawsuit directed against property such as an action to retrieve goods or a title to real estate that hasn't fully been paid for
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res
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thing
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in re
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regarding
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docket number
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assigned by clerk of court represents the lawsuit's place in order of cases before court and listed in caption of all future documents relating to the suit
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motion for judgement on pleadings
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known in federal courts as motion to dismiss for failure to state cause of action - a demurer
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mediation
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informal process in which a neutral third party tries to persuade the parties to settle their differences through compromise
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arbitration
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formal process in which a neutral third party tries to persuade the parties to settle their differences through compromise
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mediator
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the nuetral third party in mediation
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arbitrator
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the nuetral third party in arbitration listens to both sides and decides the most fair and productive way to settle dispute
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conciliator
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mediator
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conciliation
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mediation
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binding
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agreement in advance to abide arbitrators decision
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non-binding
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arbitrators decision serves as recommendation only
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mini-trials
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informal trials resolving civil disputes
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summary jury trial
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federal court seeking to resolve potentially lengthy jury trial by ordering an abbreviated preparation before a jury of only a frew people
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alternative dispute resolution
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resolving civil disputes outside court
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oral argument
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support motion through verbal presentation of related facts and legal issues
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motion of summary judgment
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a request for judgement in favor of the defendant when the defendant doesn't deny the facts set forth in the complaint but does deny that the facts legally constitute a cause of action
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motion for judgement on pleadings
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filed by either side after both the complaint and answer have been filed requesting the court to judge the merit and legal soundness of pleadings
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motion to strike
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filed by either side in order to have insufficient defense or any redundant immaterial, impertinent or scandalous matter stricken from a particular pleading
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motion for a more definite statement
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filed when a complaint or other pleading is so general or ambiguous that other party can't properly respond
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insufficienty of service of process
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inappropriately served summons
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dismissal
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termination of case with out trial
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insufficiency of process
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defectively composed summons
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move
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an attorney who submits a motion for a ruling of a certain kind
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motions
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special pleadings seeking a favorable ruling
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rule
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make a decision in favor of a client
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reply
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plaintiff must answer a claim from defendant with formal pleading known as a reply
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counterclaim
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a claim of defendant makes against the plaintiff to which the plaintiff must answer with a formal pleading known as a reply
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cross-claim
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an action brought against the co-plaintiff or co-defendant
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cross-actions
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an action brought against plaintiff arising from the allegation the plaintiff made in the original complaint
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laches
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a doctrine asserting that plaintiffs delay or failure to assert a right of way may allow court to deny relief
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estoppel
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a prohibition forbidding the plaintiff from denying past statements or activities upon which defendant may have based his or her own actions
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contributory negligence
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an assertion that plaintiffs own conduct contributed to cause of loss or injury
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assumption of risk
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a legal principle that the plaintiff possessed sufficient knowledge or info of dangers involved to assume legal responsibility for any injury or losses
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accord and satisfaction
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an agreement between parties that a specific action on part of defendant to resolve dispute
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verified answer
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a document filed specifically adminitting or denying each allegation in a verified complaint under oath
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answer
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formal document used to reply to complaint by defendants attorney - includes general or specific denial of allegations
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answer generally denied
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if complaint isn't verified can file answer with general denial to allegations
- no affidavit filed - not bound legally by denial later |
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affirmative defenses
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defendants answer may admit allegations in complaint but state one or more reasons that prevent plaintiff from winning suit or advancing further
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out of court settlement
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opponents can enter an agreement at any time before trial reaches trial
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settlement
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formal agreement of opponents at any point during the trial
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confession of judgement
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settlement without trial by debtor if there is a formal admission of debt and ruling is in favor of plaintiff
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formal admission of debt
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confession of judgement
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summary proceding
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simplified trial
may be determined without usual requirements of a trial |
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remedy
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legal right is enforced and relief obtaineed
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summary remedy
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formal agreements in which attorneys confirm on various matters relating to a particular case
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discovery
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most common stipulations filed
documents relating to the investigation and determinatin of facts related to the case |
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methods of discovery
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number of procedures established by federal or state rules
these methods must conform with rules |
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demand for a bill of particulars
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defendant files a document requesting details concerning the amount owed
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bill of particulars
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response by plaintiff must deliver a written ststement which itemizes amount owed
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deposition
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before trial begins attorneys often will ask a witness for testimony give under oat but not in court
process of gathering testimony and testimony itself |
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depose
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attorney conducting interview under oath is said to dispose the witness
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deponent
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witness being interviewed under oath
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deposition on oral examination
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attorneys from both sides ask witnesses questions
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subpeona
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given to witness
order to testify under threat of penalty |
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subpoena ad testificandum
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longer version of phrase subpeona- order given to witness to testify under threat of legal penalty
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subpeona duces tecum
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served if witness is required to bring certain documents to disposition
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deposition on written questions
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attorney's may choose to send the witness list questions in advance of deposition
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admission
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attorney's for either side may serve opposing side a written request for admission of truth of any matter relationing to case
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motion to compel discovery
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asking the court to rule whether examination of materials should be allowed
the court must then settle the matter by either granting or denying the motion |
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motion for good cause
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order filed by attorney requesting examination of one of litigants involving dispute over the mental or physical condition
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preliminary injunction
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temporily forbidding certain actions that may adversely affect the collection of evidence
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temporary restraining order
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court issuing order forbidding certain activities or contact between parties in order to prevent irreparable harm or loss to the party seeking the injunction
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court of record or bar
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civil action moves into trial court
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calendar call
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clerk of court typically makes a calendar call reading out a list of cases on the dockett to determine whether the case is ready for trial or if not set trial date
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bifurcated trial
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trials devided into several parts so that seperate but related issues recieve an equally unbiased hearing - trial divided into two seperate hearings
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pre-trial hearing or pre-trial conference
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proceeding before trial begins - during hearing counsel for both sides and judge seek ways to simlify and accelerate the proceedings
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official case record
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report of pre-trial hearings - a precise account of all verbal and written proceedings in action
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right to trial by jury
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all criminal cases an in civil cases involving financial loss or injury exceeding twenty dollars the United States Constitution guarantees the right to trial by jury
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jurors
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a sworn group of people sworn to determine truth in a case
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petit jury or trial jury
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jury charged with deciding a civil or criminal case is typically composed of 12 people
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grand jury
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group of between 6-23 people depending on jurisdiction charged with determining whether sufficient grounds exist to warrant a formal criminal charge
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indictment or true bill
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formal criminal charges
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jury waived trial, bench trial or trial by the court
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trial without jury but presided by a judge
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trial judge
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presiding judge in trial
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jury panel or venire or array
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large pool of prospective jurors narrowed down to smaller pool
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transcript of the record or record of appeal
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pleadings transcripts and judgments
prepared and sent to higher court |
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opening statements
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plaintiffs or attorney delivers speech which consists of succinct outline of charges and the evidence that will be introduced to prove each charge
a defendants attorney also has an opening statement |
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prima facie case
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opening statements must establish that the prosecution has put together a case that appears legally adequate to win a verdict in favor of a plaintiff
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prima facie
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at first glance
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court reporter
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oral proceeding in trial recorded by this person who either takes notes or uses specialized recording equipment
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transcript
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notes or recordings becomming official record of case - reviewed in typwritten form by jury or interested parties
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court report
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an account of the courts decisions in a particular case
published with formal statement of the reasoning behind the decison known as an opinion |
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opinion
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formal statement of the reasoning behind the decison known as an opinion
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burden of proof
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responsibility for establishing truth in legal dispute which usually falls to plaintiffs counsel
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case in chief
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presentation by plaintiffs counsel begins introducting evidence to prove the allegations in pleadings and the opening statements
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foreperson
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in some states judge selects one impaneled juror to serve as the presiding member who will speak for the jury as a whole
other states elected by members |
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impaneled
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the jury that has been formally selected and approved by attorneys for both sides
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challenge to the array or motion to quash the array
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an attorney who perceives some irregularity in the selection of entire venire
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premptory challenge
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requies no specific reason given for removal of a juror
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challenge for cause
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attorney belives a prospective juror fails to demonstrate imparility
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challenge
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request removal of a prospective member of jury by either attorney
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impartial
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prospective juror is capable of making a decision in case based soley on evidence
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voir dire examination
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interview by attorneys of the twelve people selected from the venire
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venire
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when jury selection begins the clerk of court places each juror's name on ballot and puts name in a ballot box
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relevant evidence
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evidence introduced to prove or disprove a specifically alledged fact
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admissible evidence
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pertinent and proper evidence for reaching a verdict
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testimonial evidence
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oral testimony delivered under oath and in open court
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direct evidence
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testimonial evidence that describes something directly observed
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circumstantial evidence
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facts from which the occurence of an event may be reasonably inferred
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documentary evidence
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written materials such as contracts, business records, wills and so forth
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real or demonstrative evidence
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consistes of actual objects such as photographs, clothing and weapons perceived to have bearing on the case
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exhibit
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an item introduced as documentary or real evidence
referred to in alphabetical sequence |
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witness
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someone who gives evidence involving direct observation or knowledge
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expert witness
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someone qualified by experience or training to render an informed opinion on a specific subject
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examination
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process of asking a witness questions in open court
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direct examination
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attorney examining witnesses
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leading questions
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aimed at steering the witness into supplying a specifically desireed answer
It is not allowed during direct examination questions that require simple yes or no often are leading |
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cross examination
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attorney for defense questions witness
can ask leading questions |
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redirect examination
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prosecution may conduct to investigate issued raised during cross examination
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re-cross-examination
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counsel for defense may followup after redirect examination
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rests the case
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concludes the argument for plaintiff
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directed verdict
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defense attorney formally requests the court to rule in favor of defendant without giving the case to jury
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rebuttal
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after defense rests case- plaintiff counsel has option to offer formal introduction of evidence that will discredit or disprove evidence introduced by defense
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closing argument or summation
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attorneys for both sides orally summarizing evidence in a way that favors their side of the case
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jury charge or jury instructions
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formal directions judge tells jury what law is in that particular case and how law must be applied
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polling
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process at various points during deliberation jury foreperson asks individual jurors their decison
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verdict
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jury's decision
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hung or deadlock jury
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criminal trials jury unable to agree unanimously to verdict
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mistrial
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when there is a hung jury
invalid trial without leagal consequences |
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retried
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case can't be brought before a court again aftermistrial
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preponderance ov evidence
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civil jury decides case based on overall credibility or likelihood evidence presented by one side or another
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judgement or adjudication
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after jury delivers verdict court issues its formal decision in case
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judgement on merits
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based on the evidence and facts introduced
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judgement on the pleadings
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issued without hearing evidence should court decide that the pleadings clearly and legally entitle one of the parties to win the case
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a judgement not withstanting the verdict or judgement non obstante verdicto or JNOV or judgement NOV
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issued in favor of one party when judge believes the jury's verdict in favor of the opposing party
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sentence
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punishment imposed on a defendant found guilty in criminal case
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award
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civil suit, the financial penalty the defendant must pay the plaintiff
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writ of execution
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award may be enforced by court order - sheriffs order or enfocement agency to collect payment
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garnishing
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type of collection requiring a third party such as employer or bank to turn money or property owned or owed by defendant over and court
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garnishee
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third party ingarnishing process
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appeal
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petition another court to review decision
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appellant
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litigant requesting an appeal
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appellee, the respondent or defendant in error
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opposing party in appeal
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appeal bond
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sum of money fixed by the court
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higher court
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court that hears the appeal
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lower court or court below
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court that originally heard case
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court of appeals or appellate court
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state level higher court that hears appeal
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questions of law
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only questions regarding application or interpretation of law ( can be raised in appeal)
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questions of fact
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jury decides only questions related to activities that caused litigations to seek trial
occassionally on appeal court may allow appeal based on questions in fact if jury has turned in legally incorrect verdict |
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a verdict against the evidence
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either contradicts evidence presented in the case or isn't adequately supported by such evidence
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verdict contrary to law
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contradicts one or more points of the instructions given by the trial judge
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superior court or court of appeals
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state may have one or more appellate courts at intermediate level
highest court in certain states |
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supreme court or high court - (less formal name)
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highest court in most states whose decisions are final unless federal question exists
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court of appeals of United States
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within Federal court system intermediate appellate court
divided into eleven geographical units or circuits refered to by number |
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circuits
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federal court divided into eleven geographical units
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U S court of Appeals for District of Columbia or D.C. circuit
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handles cases arising in Washington D.C.
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U. S. court of appeals for Federal circuit
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hears appeals on patent and copyright law, customs cases and some lower court appeals
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Court of Appeals for Armed Forces
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hears appeals of court- martial verdict
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U S Supreme Court
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highest system in federal court system which hears new trials as well as appeal from trials decided in other courts
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perfecting the appeal
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process attorney must complete forea appelant required by state or federal statue in order for case to be heard in appellate court
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notice of appeal
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to initiate an appeal, attorney for appellant must notify appellee by filing a pleading
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cross-appeal
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counsel for appellee may file for pleading
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trial brief
|
attorney preparing for a trial may wish to list the arguments legal points and questioning to be covered
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written summary
|
legal points set forth in published opinion or brief
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precedent
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the decisions of courts in previous cases must rely upon when making decisions involving similar facts
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dicta
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when legal precedent isn't available an attorney may support using comments a judge has made in a published opinion (this is not legally binding)
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writ of certiorairi
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an order to lower court to certify and deliver entire case being applealed to higher court for review
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certi den
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court refuses asppeal it denies in writing
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affirm
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appellate court agrees with lower court ruling
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reverse, set aside or vacate the lower court's jugement
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an appellate court that disagrees with lower court decision may invalidate ruling
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remand
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appeal sends back case to lower court for further proceeding
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trial de novo
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new trial in lower court and trial again as though no prior decisions made
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deliberates
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jury goes over evidence makes a decision obligated to apply the law as directed by judge
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possible pleas
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guilty, not guilty, not guilty by reason of insanity or double jeopardy/ former jeopardy
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types of relief
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financial compensation, certain types of compulsory conduct (ie alimony or child support) or prohibition against certain types of conduct such as dumping of toxic wase
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knowingly
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generally as acting with awareness of consequesnces or more specifically with deliberate intent to harm or disobey the law
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types of actions
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criminal or civil
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personal injury
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violation of personal rights
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combination
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two meanings - joining of two parts and the coming together of more than two parts
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types of civil actions
|
personal injury
biz disputes contract disputes real estate disputes family law disputes probate law disputes |
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extend
|
analyzed with reference to the type of behavior or conduct covered by legal order
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summons and complaints delivery methods
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personal, constructive or substitutions service
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types of affirmative defenses
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accord and satisfaction assumption of risk
contributory negligence estopped laches |
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day
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defined in number of ways
24 hour period period including daylight hours period during which work occurs |
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explosion
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may or may not provide insurance converage
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sudden and accidental
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vague and ambiguous in more than 50 cases and clear and unambiguious in more than 50 others
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defendant pleading types
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counter claim
cross-claim cross-action |
|
|
common reasons for filing motion to dismiss
|
absence of in rem, quasi in rem or in peronam jurisdiction
-inappropriate venue - insufficiency of process -insufficiency of service process - failure to set forth claim - failure to name or join parties - mistaking name of party in suit |
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|
types of motions
|
motion for definite statement
- motion to strike - motion for judgement on pleadings -motion for summary judgement |
|
|
alternative dispute resolutions
|
mediation
arbitration mini trials summary jury trials\ out of court settlement confession of judgement |
|
|
forms written answers to admissions
|
- denial of matter at issue
- one or more reasons why matter can't be truthfully admitted or denied - an objection of request filed together w/ reasons for objection |
|
|
categories of evidence
|
- admissible
- relevant - testimonial -direct -circumstantial -documentary -real / demonstrative |
|
|
kinds of judgments
|
- judgements on the merits
- judgements on the pleadings judgements notwithstanding the verdict |
|
|
appeals based on questions in fact
|
-verdict against the evidence
- verdict contrary to the law |
|
|
U S Court of Appeals
|
- U S Court of Appeals for the District of Columbia or D. C. circuit
U S appeals for Federal Circuit Court of Appeals for Armed Forces |
|
|
res ipsa loquitur
|
the thing speaks for itself
can sometimes be used to prove plaintiff sustained jury by act that normally would't occur without someone being negligent |
|
|
recovery damages from negligence
|
plaintiff must prove actual loss occurred
evidence of loss, harm, pain and suffering was caused by defendants negligence |
|
|
real property
|
land, or buildings or fixtures attached to land
|
|
|
demation devided into two categories
|
libel
slander |
|
|
tort actions based on 4 points
|
evidence of duty
fault\ liablility damage |
|
|
wrongfull death
|
civil action where death results from wrongful act
|
|
|
wrongful death action
|
civil suit arising from wrongful death
|
|
|
degree of care
|
standard of care
|
|
|
breach of duty
|
failure to act in accordance with responsibilities defined by law
|
|
|
negligence
|
failure to act that results in injury to another person
|
|
|
omission
|
unintentional tort involving failure to act in accordance with the law
|
|
|
improvements
|
fixtures
|
|
|
warranty
|
actual or implied promise of fitness of product for a particular purpose
|
|
|
causation
|
negligent act of defenant was direct casue of injury to plaintiff
|
|
|
direct or proximate cause
|
whether consequenses arising from negligence could reasonably be anticipated
|
|
|
foreseeable
|
consequences arising from negligence could reasonably be anticipated
|
|
|
foreseeable injury
|
injury arising from negligence could reasonably be anticipated
|
|
|
proximate cause
|
legal cause of an injury (even thouth that injury may have more than one cause)
|
|
|
unavoidable casuality or unavoidable accident
|
court deny damages because person couldn't have forseen loss or damages
|
|
|
unavoidable cause
|
a cause that could not be avoided thru reasonable or ordinary attention
|
|
|
common defenses to negligent suits
|
assumption of risk
contributory negligence comparative negligence |
|
|
product liability
|
loss or damage cused by defective merchandise
|
|
|
malice
|
without probable cause
a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being |
|
|
slander
|
defamation communicated thru spoken word
|
|
|
right of privacy
|
right to be left alone
protects a persons private matters from unreasonable public interference |
|
|
consent
|
agreement or permission
|
|
|
assault
|
action clearly and intentionaly indicating a threat of physical harm
|
|
|
battery
|
unjustified and intentional physical contact with another person without consent
|
|
|
malicious injury or willful and malicious injury
|
an act deliberatly intended to cause damage loss or pain of a person
|
|
|
reckless or wanton
|
lack of concern
|
|
|
intentional or willful injury
|
an injury caused by a person who knows the act will result in injury to another person
|
|
|
intent
|
having a definite purpose in performing or refraining from an act
|
|
|
intentional or willful torts
|
state and federal statutes define totious acts tht are committed deliberately
|
|
|
Federal Tort Claims Act
|
an act of congress has likewise abolished immunity at federal level
|
|
|
assault and battery
|
The combination of two crimes, of threat (assault) and actual beating (battery). Victims can also sue in a civil suit for the damages suffered as a result of the attack. may be considerded both a tort and a crime
|
|
|
privilege or immunity
|
legal exemption from liability
|
|
|
contribution
|
joint liable
tortfeasors must each pay share of damages awarded to plaintiff |
|
|
joint liability
|
requires all joint tortfeasors
to be named as defendant |
|
|
jointly or severally
|
liability shared
|
|
|
vicarious liability
|
liability for act of another party i e employer
|
|
|
absolute liability or strict liability
|
liability regardless of fault
|
|
|
liability
|
defined as casual connection between the plaintiffs injury and the defendants fault
|
|
|
fault
|
neglect or violation of duty
|
|
|
joint tortfeasors
|
two or more people joining in a tortious act
|
|
|
tortious act
|
act or actual deed causing loss or injury
|
|
|
tortfeasor
|
party accused of commiting a tort
|
|
|
tort
|
wrong
|
|
|
common defenses
|
assumption of risk
contributiory negligence comparative negligence |
|
|
false arrest or false imprissionment
|
deliberate confinement without legal justification
|
|
|
misrepresentation
|
deliverately false or deceptive act
|
|
|
invasion of privacy
|
violation of privacy
|
|
|
existence of a duty
|
obligation imposed on the defendant by contract, court order, relationship or common statutory law
|
|
|
charitable immunity
|
doctrine under which most charitable institutions were exempted from liability - has been abolished in most states
|
|
|
sovereign immunity
|
doctrine under which government agency is considered immune unless it agrees to be held liable - abolished or deminished in most states
|
|
|
willful and wanton act
|
an act understood as likely to cause injury and committed without concern for consequences particularly endanger lives or safety of others
|
|
|
deceit
|
dishonesty, fraudulent conduct, false statements made knowing them to be untrue, by which the liar intends to deceive a party receiving the statements and expects the party to believe and rely on them. This is a civil wrong (tort) giving rise to the right of a person to sue the deceiver if he/she reasonably relied on such dishonesty to the point of his/her injury.
|
|
|
defamation
|
. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander
|
|
|
material fact
|
an important fact without which an agreement would not be made
|
|
|
fraud
|
the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right
|
|
|
libel
|
to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others
|
|
|
probable cause
|
sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.
|
|
|
attractive nuisance doctrine
|
a legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children.
|
|
|
assumption of risk
|
1) taking a chance in a potentially dangerous situation. This is a typical affirmative defense in a negligence case, in which the defendant claims that the situation (taking a ski-lift, climbing a steep cliff, riding in an old crowded car, working on the girders of a skyscraper) was so inherently or obviously hazardous that the injured plaintiff should have known there was danger and took the chance that he/she could be injured. 2) the act of contracting to take over the risk, such as buying the right to a shipment and accepting the danger that it could be damaged or prove unprofitable.
|
|
|
contributory negligence
|
a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident
|
|
|
comparative negligence
|
a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident
|
|
|
supervening cause
|
an event which occurs after the initial act leading to an accident and substantially causes the accident. The superseding cause relieves from responsibility (liability) the party whose act started the series of events which led to the accident, since the original negligence is no longer the proximate cause.
|
|
|
intervening cause
|
an event which occurs after the initial act leading to an accident and substantially causes the accident. The superseding cause relieves from responsibility (liability) the party whose act started the series of events which led to the accident, since the original negligence is no longer the proximate cause.
|
|
|
superseding cause
|
an event which occurs after the initial act leading to an accident and substantially causes the accident. The superseding cause relieves from responsibility (liability) the party whose act started the series of events which led to the accident, since the original negligence is no longer the proximate cause.
|
|
|
malicious prosecution
|
filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit
|
|
|
last clear chance doctrine or supervening negligence
|
a rule of law in determining responsibility for damages caused by negligence, which provides that if the plaintiff (the party suing for damages) is negligent, that will not matter if the defendant (the party being sued for damages caused by his/her negligence) could have still avoided the accident by reasonable care in the final moments (no matter how slight) before the accident. The theory is that although the plaintiff may have been negligent, his/her negligence no longer was the cause of the accident because the defendant could have prevented the accident.
|
|
|
breach of warranty
|
determination that a statement as to title of property, including real property or any goods, is proved to be untrue, whether intended as a falsehood or not. It can also apply to an assurance of quality of a product or item sold. The party making the warranty is liable to the party to whom the guarantee was made
|
|
|
ordinary negligence
|
failure of the degree of care which an ordinary person would exercise in the same circumstance
|
|
|
ordinary or reasonable care
|
the degree of caution and concern for the safety of himself/herself and others an ordinarily prudent and rational person would use in the circumstances. This is a subjective test of determining if a person is negligent, meaning he/she did not exercise reasonable care.
|
|
|
negligence in law or negligence per se
|
negligence due to the violation of a public duty, or law ie stop at stop sign
|
|
|
willful negligence
|
reckless indifference towards persons safety demonstrated by failure to excercise ordinary care to prevent injury in face of imminent danger
|
|
|
gross negligence
|
carelessness which is in reckless disregard for the safety or lives of others, and is so great it appears to be a conscious violation of other people's rights to safety
|
|
|
culpable negligence
|
wilfull and wanton creation of an unreasonable risk tht will probably cause death or injury of another person
|
|
|
negligent homicide
|
causing death thru negligence or reckless conduct that is less intentional than conduct involved in wrongful death
|
|
|
attractive nuisance
|
a legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children
|
|
|
sudden emergency doctrine
|
standard or degree of care required by person unaware in an emergency situations is less than degree of care ordinarily required if person had time to think before acting
|
|
|
reasonable person test
|
standard for determining negligence - asking reasonable person what they would do in same situation
|
|
|
reasonable or prudent person
|
person of ordinary intelligence and judgement what they would do in specific set of circumstances
|
|
|
wrongful death statutes
|
state statutes that allow a personal representative of a deceased party to bring civil action against party accused of wrongful death regardless of whether defendant was tried or acquitted criminally
|
|
|
willful neglect
|
a deliberate and intentional failure to fulfill a legal duty towards another person ie. child abuse
|
|
|
public nuisance
|
nuisance that annoys or disturbs a wide range of people
|
|
|
private nuisance
|
disturbance affecting only one person or household
|
|
|
examples of nuisances
|
frequent or continuouos loud noises
creativng offensive odors or unreasonable emissions of smoke |
|
|
nuisance
|
causing annoyance, inconvenience or discomfort to another party thru use of your own property
|
|
|
examples of conversion
|
theft of property
failure to return borrowed property unauthorized sale of another party's property |
|
|
conversion
|
unauthorized use or profit from someone else's real or private property
|
|
|
trespass
|
willful unauthorized intrusion on real property that belongs to another party
|
|
|
varying degress of negligence associated with degrees of care
|
- ordinary negligence / ordinary care
- negligencw in law of person - willful negligence - gross negligence - culpable negligence - negligent homicide |
|
|
activities included in invasion of privacy
|
- public circulation of persons letters, diary , other writings not intended for publication
- unauthorized use of person's photos by advertising purposes - listening in on recording a person's private converstions -unauthorized publication of personal info - ie. financial or medical records |
|
|
several liability
|
referring to responsibility of one party for the entire debt (as in "joint and several") or judgment when those who jointly agreed to pay the debt or are jointly ordered to pay a judgment do not do so
|
|
|
dangerous instrumentality
|
people who handle dangreous commodity such as gun, bomb or wild animals are always liable for injuries caused by dangerous items
|
|
|
some activities involved in invasion of privacy
|
- public circulaton of persons letters diary or other writings not indended for public communication
- unauthorized use of persons photo's for advertising - listening or recording persons private conversations - unauthorized publication of personal info such as medical records or financial records |
|
|
tort law
|
law developed to provide monetary relief to those who suffer other peoples actions torts are wrongs against individuals
|
|
|
tort action
|
civil action initiated by one party seeking financial compensation of losses or injuries cuased by another party
|
