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Definition
| The process of bringing, maintaining, and defending a lawsuit |
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| The paperwork that is filed with the court to initiate and respond to a lawsuit |
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| The party who files a complaint |
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| The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit |
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| A court order directing the defendant to appear in court and answer the complaint |
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| The defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff |
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| Active defense in which you say "I did it in self-defense" or "It's past the time allowed to bring the issue to the courts" |
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| When the defendant sues the plaintiff |
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| The act of others to join as parties to an existing lawsuit |
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| The act of a court to combine two or more separate lawsuits into one lawsuit |
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| A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant |
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| Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed |
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| A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial |
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| A party who gives his or her deposition |
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| Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time. |
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| A request by one party to another party to produce all documents relevant to the case prior to the trial |
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| Physical or mental examination |
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Definition
| A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries |
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| A motion a party can make to try to dispose of all or part of a lawsuit prior to trial |
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| Motion for Judgment on the Pleadings |
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Definition
| A motion which alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts |
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| Motion for Summary Judgment |
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Definition
| A motion which asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony |
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| A hearing before a trial in order to facilitate the settlement of a case. Also called a pretrial hearing |
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| The jury in a jury trial; the judge where there is not a jury trial |
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| The process whereby prospective jurors are asked questions by the judge and attorneys to determine whether they would be biased on their decisions |
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| When the plaintiff or defendant's attorneys call witnesses and put forth evidence to rebut the defendant's / plaintiff's case |
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| Judgment Notwithstanding the verdict |
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Definition
| When the judge finds the jury has bias or misconduct and overturns the verdict found by the jury. |
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| When the judge lowers the monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed. |
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| A form of ADR in which the parties choose an impartial third party to hear and decide the dispute |
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| A form of ADR in which the parties use a third party to help them resolve their dispute |
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Definition
A wrong. Three types
1) Intentional torts
2) Unintentional torts
3) Strict liability |
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Definition
1) The threat of immediate harm or offensive contact
or
2) Any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary. |
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Definition
| Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury |
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| Transferred Intent Doctrine |
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Definition
| When a person acts with intent to injure one person but actually injures another. This person can sue the attacker. |
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| The intentional confinement or restrain of another person without authority or justification and without that person's consent. |
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| Merchant protection statutes (shopkeeper's privilege) |
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Definition
Allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:
1) There are reasonable grounds for suspicion
2) Suspects are detained for only a resonable time.
3) Investigations are conducted in a reasonable manner |
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| Tort of misappropriation of the right to publicity |
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Definition
| An attempt by another person to appropriate a living person's name or identity for commercial purposes. |
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Definition
| False statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published by a third party |
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Definition
| An oral defamation of character |
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| A written / visual defamation of character |
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| False statements about a competitor's products, services, property, or business reputation. Also know as trade libel, _______, and slander of title |
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| Intentional Misrepresentation (Fraud, deceit) |
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Definition
| The intentional defrauding of a person out of money, property, or something else of value. Also know as fraud or deceit. |
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| Intentional Infliction of Emotional Distress |
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Definition
| A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage |
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Definition
| A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa. |
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| A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. Also know as negligence. |
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Definition
1) The defendant owed a duty of care to the plaintiff
2) The defendant breached this duty.
3) The plaintiff suffered injury.
4) The defendant's negligent act was the actual cause of the plaintiff's injuries
5) The defendant's negligent act was the proximate cause of the plaintiff's injuries. The defendant is liable only for the foreseeable consequences of his or her negligent act. |
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Definition
| The obligation people owe each other not to cause any unreasonable harm or risk of harm |
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| Breach of the duty of care |
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Definition
| A failure to exercise care or to act as a reasonable person would act |
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Definition
| The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven. Also called causation in fact. |
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Definition
| A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions. Also called legal cause. |
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| Negligent infliction of emotional distress |
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Definition
| A tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct. |
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Definition
| A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care. |
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Definition
A tort in which the presumption of negligence arises because (1) The defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someone's negligence. The burden switches to the defendant to prove that he or she was not negligent.
In other words, you have to prove yourself innocent and not liable for the damages. |
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Definition
| A statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations |
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| Superseding or intervening event |
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Definition
An event for which a defendant is not responsible. The defendant is not liable for injuries cause by the superseding or intervening event.
If I hit someone with a golf ball and then they're suddenly struck by lightning, I am not liable for the lightning strike. |
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Definition
| A defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury. |
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| A doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant |
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| A doctrine under which damages are apportioned according to fault |
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| Partial Comparative Negligence |
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Definition
| A plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under comparative negligence; otherwise, contributory negligence applies |
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| A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. |
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Definition
1) Keep the peace
2) Shape moral standards
3) Promoting social justice
4) Maintaining status quo
5) Facilitating orderly change
6) Facilitating planning
7) Proving a basis for compromise
8) Maximizing individual freedom |
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Definition
| The philosophy or science of the law |
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Term
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Definition
1) Natural Law School
a. Morals dictate law
b. US Constitution, Magna Carta
2) Historical School
a. Traditions and customs
b. Precedent
3) Analytical School
a. Logical law
4) Sociological School
a. Followers are realists
b. Purpose of law is to shape behavior
5) Command School
a. Ruling class establishes law
6) Critical Legal Studies School
a. The less law the better
7) Law and Economics School
Central goal of law is to promote market efficiency |
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Term
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Definition
| Law developed by judges who issued their opinions when deciding a case. The principles announced in these cases became precedent for later judges deciding similar cases |
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| created by William the Conqueror in 1066 to try to establish consistency in the law. |
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| Essentially like a state supreme court. If the law court wasn't fair, the trial went to the equity courts. |
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Definition
| Courts for merchant disputes… |
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Definition
| Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties. Part of codified law. |
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Definition
| Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts. Part of codified law too. |
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| Regulations and orders of administrative agencies |
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Definition
| Admin. Agencies are created by the leg and exec. branches of government. They may adopt rules and regulations that regulate the conduct of covered parties as well as issue orders (decisions from disputes) |
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| Doctrine of Stare Decisis |
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Definition
| Adherence to precedent. A state supreme court does not need to answer to another state's supreme court decision. Lower courts, however, must follow higher courts' decisions. |
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| Limited-Jurisdiction Trial Courts (Inferior Trial Courts) |
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Definition
| hear matters of a specialized limited nature (traffic courts, juvenile courts, etc….mostly misdemeanor) |
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| General-Jurisdiction Trial Courts (Courts of Record) |
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Definition
| Hears felonies, high dollar civil cases, etc. and the testimony and evidence are recorded and on record. |
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Term
| Intermediate Appellate Courts (Appellate Courts, Courts of Appeals) |
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Definition
| hear appeals from trial courts. No new evidence or testimony is permitted |
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| Special Federal Courts (TURTLES CRAWL TO BIG AFRICAN VANS) |
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Definition
Established by Congress have limited jurisdiction.
US Tax court=cases about federal tax law
ii. US Court of Federal Claims=cases against the US
iii. US Court of International Trade=hears appeals of rulings by US Customs and tariffs/international commercial disputes
iv. US Bankruptcy Court=federal bankruptcy laws
v. US Court of Appeals for Armed Services=appellate jurisdiction over armed services people
vi. US Court of Appeals for Veteran Claims=jurisdiction over Department of Veteran Affairs |
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Term
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Definition
-At least one in each state and DC
-Separated by geographical areas-->district
Courts can:
-Impanel juries
-Receive evidence
-Hear testimony
-Decide cases
Most fed cases come for fed district courts |
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Term
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Definition
Federal court system's intermediate appellate courts
-13 circuits; first 12 geographical circuits,
-13th started in 1982 called Court of Appeals for the Federal Court in DC for special appellate jurisdiction; review decisions of Court of Fed Claims, Patent/Trademark office; Court of International Trade-->created to provide uniformity in application of fed law, especially patent law
a. Hears APPEALS from DISTRICT courts, also from special courts and federal administrative agencies
b. NO NEW EVIDENCE is heard. parties file legal briefs, short oral hearing
c. Appeals heard by 3 judge panel
d. Petitioner can request a review en banc (the entire bench of judges, not just selected panel) |
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| Court of Appeals for the Federal Circuit |
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Definition
| In D.C….the court reviews decisions from patent and trademark claims at the federal level |
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Definition
Supreme Court is an appellate court. Meaning no new evidence is reviewed.
9 Supreme Court justices |
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Definition
| Petitioner files a case for the supreme court asking them to hear it |
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Definition
| The S.C. agrees to review the case |
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Term
| Unanimous Decision --> Majority Decision --> Plurality Decision --> Tie Decision |
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Definition
Unanimous = All of them agree
Majority Decision = 5/9 agree AND agree as to why they agree
Plurality Decision = 5/9 agree, but they disagree as to why they agree
Tie Decision = The lower court's decision is upheld. |
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Definition
| Federal Courts hear cases involving federal questions such as the US constitution, treaties, and federal statutes/regulations |
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Definition
| Federal courts hear cases when the lawsuit involves 1) Citizens of different states and 2) Citizens of a state with a person from another country |
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Definition
| Fed courts are the only ones that hear fed crimes, antitrust, bankruptcy, patent/copyright, and suits against the US. |
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Definition
| Hear issues regarding real estate, llc's, etc. All state matters and anything not covered by the federal courts |
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Definition
| Jurisdiction shared by two or more courts. Occurs with federal questions and diversity of citizenship cases |
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Definition
| The plaintiff must have some stake in the outcome of the lawsuit |
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Definition
| The court must have jurisdiction over the parties in a lawsuit |
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Definition
| Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit |
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| Quasi in Rem Jurisdiction |
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Definition
| Jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state |
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| Full Faith and Credit Clause |
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Definition
| A judgment of a court of one state must be given full faith and credit by the courts of another state |
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Definition
| A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state. |
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Definition
| A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside. |
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| Forum-Selection Clauses & Choice-of-law Clauses |
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Definition
| Agree to which court will hear a dispute and an agreement on what laws will apply in resolving the dispute. |
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Definition
| The liability of manufacturers, sellers, and other for the injuries caused by defective products |
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| Product Liability Negligence |
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Definition
| A tort related to defective products in which the defendant has breached a duty of due care and cause harm to the plaintiff |
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| Intentional Misrepresentation (Product Liability version) |
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Definition
| A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. Also known as fraud |
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Term
| Strict liability (liability without fault) |
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Definition
| A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, IRRESPECTIVE OF FAULT. |
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Definition
| All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction |
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Definition
| A requirement that a contract relationship must exist between the plaintiff and the defendant. In strict liability cases, this doctrine is NOT required |
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Definition
| Something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product. |
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Definition
| A defect that occurs when a manufacturer fails to (1) properly assemble a product, (2) properly test a product, or (3) adequately check the quality of the product. |
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Definition
A defect that occurs when a product is improperly designed
e.g., toys with parts that could be removed and swallowed by small children |
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Definition
| A doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident |
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Definition
| A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown. |
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Definition
| A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof |
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Term
| Failure to provide adequate instructions |
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Definition
| A defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product |
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Definition
| Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff |
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Definition
| A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so |
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Term
| Government contractor defense |
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Definition
A defense that says a contractor who is provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications
Requirements:
1) Specifications for the product are given by the government
2) The product conformed to the specs
3) The contractor warned the government about any known defects or dangers |
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Definition
1) The plaintiff knew and appreciated the risk
2) The plaintiff voluntarily assumed the risk |
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| A defense that relieves a seller of product liability if the user abnormally misused the product. Products must be designed to protect against foreseeable misuse. |
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Definition
Manufacturers who discover a defect must:
1) Notify purchasers and users of the defect using reasonable efforts to communicate.
2) Correct the defect (product recall) |
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| Supervening event (intervening event) |
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Definition
| An alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability |
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| Product Liability - Statutes of Limitations |
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Definition
| A statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product |
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Term
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Definition
| A statute that limits the seller's liability to a certain number of years from the date when the product was first sold |
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| Contributory negligence - Product Liability |
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Definition
| A defense that says a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant |
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Definition
| A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages |
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