Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
65 Cards in this Set
- Front
- Back
justiciable |
when a case is well suited for judicial determination |
|
Ripeness |
focuses on whether a case has developed sufficiently to be before a court for adjudication |
|
standing |
focuses on whether the plaintiff who filed the lawsuit is the right person or entity to be bringing this claim before the court |
|
when is a lawsuit unripe |
if it has been filed prematurely |
|
Hollingsworth v. Perry |
petitioner wanted to marry same sex partner in california. The Court ruled the petitioner lacked standing, which required them to have suffered a concrete and particularized injury. |
|
Mootness |
When cases are outside the judicial power because there is no case or controversy, in that there is no reason to try a case unless there has been some direct adverse effect on some party. |
|
When is a case moot |
when the controversy no longer exists |
|
exception to mootness |
the issue is capable of repetition |
|
Jeffrey chiffon vs. lynne chafin |
custody battle over daughter, judge ruled that child should be returned to UK. Within hours Lynne and child were on the way back to scotland and successfully petitioned in scotland for custody and filed an injunction forbidding jefferey from removing child back to US. The case was dismissed for mootness |
|
political question doctrine |
the judicial branch is not entitled to decide questions that more properly should be decided by the executive and legislative branches of gov. |
|
Act-of-state doctrine |
provides that american courts should not determine the validity of public acts committed by a foreign sovereign within its own territory. i.e. a dictator seizes merchandise within his country and an american company wants to sue. The court will not rule because of the act-of-state doctrine. |
|
What is claim preclusion |
a final decision by a competent court on a lawsuit's merits concludes the litigation of the parties and constitutes a bar to a new suit |
|
what is claim preclusion also known as |
res judicata |
|
Define bar and merger |
once a claim has been judicially decided, it is finally decided. The only remedy for the loser is to appeal to a higher court. |
|
2 conditions for claim preclusion |
1. identity of the parties must be the same. 2. Identity of claims |
|
privity |
there is a relationship between two people that allow one not directly involved in the case o the take the place of one who is the party |
|
When are governments not granted immunity from lawsuits |
when they perform a function and engage in activities that is usually carried out by private individuals or that it's commercial in character. |
|
intefspousal immunity |
husbands and wives are immune from liability for negligence and intentional torts perpetrated against their spouse |
|
Respondent superior |
permits an injured plaintiff, under certain conditions, to hold a company financially responsible for an employee's negligence and intentional torts |
|
regarding Respondent superior, what must a plaintiff prove |
1. prove that the tortious conduct causing injury was an employee of the company and not a contractor 2. the tortious conduct occurred while the employee was acting within the scope of his or her employment |
|
Parental immunity |
prohibits unemancipated minor children from suing their parents for negligence or intentional torts. |
|
Immunity through contract |
parties agreeing not to sue each other |
|
Compensatory Damages |
compensates the plaintiff for the loss that results form the defendants conduct |
|
Rule of mitigation |
the plaintiff has a duty to minimize damages |
|
rule of mitigation explained |
ex. if A sues B for a something and B could have prevented further damage but chose not to, B will not receive damages for things that could have been prevented |
|
Benefit rule |
If defendant conduct benefits the plaintiff,that amount of damage is subtracted from the recovered damage |
|
General damages |
things you do not have a bill for i.e. bodily injury, mental anguish |
|
special damages |
you must plead special damages specifically, and these are things you have a bill for i.e. medical bills, loss of income, etc... |
|
Hedonic damages |
loss of enjoyment of life |
|
Mccover v. Dylan |
Mccover attempted to be sterilized, but she reluctantly had a kid after. She sued for malpractice and the Court gave her everything but for the cost of raising and caring for the child. |
|
Nominal Damages |
awarded when there is a breach of an agreement or an invasion of a right but there is no evidence of any specific harm. Awarded to vindicate the plaintiff's claim. |
|
Why are nominal damages awarded |
it's the only way a common law court can establish the validity of the plaintiff's claim |
|
Punitive or exemplary damages |
awarded to plaintiff beyond the compensatory amount. These damages are meant to be a substitute to criminal punishment and are used as deterrence for future actions |
|
what is an equitable remedy compelling one to do an act |
mandatory injunction |
|
what is an equitable remedy prohibiting an act |
prohibitory injunction |
|
Three classes of injunctions |
1. permanent 2. preliminary or interlocutory 3. temporary restraining orders |
|
What is a permanent injunction |
a decree issued after a full opportunity to present evidence (after a ruling has been made) |
|
What is a preliminary injunction |
granted as an emergency measure before a full hearing is held. There must be notice to the defendant and a hearing |
|
What is a temporary restraining order |
granted without notice to the defendant. It can only be granted if there is irreparable harm could result and there is no time for notice or a hearing. |
|
What is reformation and when is it granted |
reformation is granted when a written agreement fails to express accurately the parties' agreement because of a mistake, fraud, or the drafter's ambiguous language |
|
purpose of reformation |
rectify or reform a written instrument in order that it may express the real agreement or intention of the parties |
|
When is rescission granted |
when one of the parties consents to a contract because of duress, under influence, fraud, or innocent misrepresentation, or when either or both of the parties made a mistake concerning the contract. The court cancels the agreement |
|
Define unconsciousable |
if a contract clause is too unfair or one-sided |
|
Specific performance |
equitable remedy that is identified with breached of contract. Only granted where there is a valid contract. Usually involves land or unique items |
|
Laches |
an equitable defense that is used to deny equitable relief where a plaintiff's unreasonable delay in bringing action has caused prejudicial harm o the defendant |
|
Declaratory Judgement |
a judicial determination of the rights and obligations of the parties |
|
Mala in se crimes |
offenses that are intrinsically bad such as murder, rape, arson |
|
Mala prohibita |
acts that are criminal only because the law defines them as criminal |
|
Basic components of criminal offenses |
1. wrongful act 2. the guilty mind 3. the concurrence of act and intent 4. causation |
|
actus reus |
the wrongful act ex) larceny includes the wrongful act of unlawfully taking and carrying away of another person's property |
|
mens rea |
criminal state of mind |
|
two major aproaches to mens rea |
traditional common law and Model penal code |
|
Three categories of intent under the common law approach |
general intent, specific intent, and criminal negligence |
|
general intent crimes |
for conviction the prosecutor has to prove that the accused intended to commit the actus reus |
|
specific intent crime |
requires proof of the commission of an actus reus, plus a specified knowledge or an additional intent, such as the intent to commit a felony |
|
criminal negligence |
results from unconscious risk creation |
|
strict liability offenses |
no concurrence between the criminal act and the intent, the offender possesses a generalized threat to society at large |
|
example of strict liability offense |
speeding drivers, liquor store owner who sells alcohol to minors |
|
inchoate crimes |
criminal prepatory activities |
|
vicarious liability |
indiv and groups are held criminally liable for actions committed by other people 1.business owners and corporations |
|
Defenses that can be raised in criminal prosectution |
1.alibi defense 2. good character defense 3. justification defense 4. affirmative defense ) excuse defense |
|
justification defenses |
self-defense, defense of others, defense of property, necessity-choice-of-evils and duress coercion |
|
Affirmative defense/excuse defenses |
duress, insanity, and involuntary intoxication |
|
M'Naghten Rule |
a defendant is not guilty if he had a diseased mind at the time of the act and was unable to distinguish right from wrong and was unaware of the nature and quality of his act due to a diseased mind |
|
irresistible impulse test |
specifies that a defendant is not guilty if he knows that an act is wrong and is aware of the nature and quality of the act, but cannot refrain from committing the act |